McFARLIN v. CONSECO SERVICES, LLC

No. 03-13958.

381 F.3d 1251 (2004)

Danny McFARLIN, Neal Nielsen, Eleanor D. Newman, Dick Manley, Robert E. Taylor, et al., Plaintiffs-Appellees, v. CONSECO SERVICES, LLC, Conseco Health Insurance Company, f.k.a. Capitol American Life Insurance Company, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 26, 2004.


Attorney(s) appearing for the Case

Jamie L. Moore, Paul P. Bolus, Francis Asbury Flowers, III, Christian Nicole Watson, Gary L. Howard, Burr & Forman, LLP, Robert M. Lichenstein, James L. Goyer, III, John Norman Bolus, Maynard, Cooper & Gale, P.C., Birmingham, AL, for Defendants-Appellants.

Charlene P. Ford, Joe R. Whatley, Jr., Russell Jackson Drake, Whatley Drake, L.L.C., Birmingham, AL, for Plaintiffs-Appellees.

Before DUBINA, CARNES and CUDAHY, Circuit Judges.


CARNES, Circuit Judge:

One of the statutory exceptions to the final judgment rule is set out in 28 U.S.C. § 1292(b). Under that provision, three things must happen in order for a court of appeals to have jurisdiction where it would not otherwise. A district court must certify in writing that one of its orders "involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may...

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