Jenkins ex rel. Jenkins v. Florida

931 F.2d 1469
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 24, 1991
DocketNo. 90-3394
StatusPublished
Cited by1 cases

This text of 931 F.2d 1469 (Jenkins ex rel. Jenkins v. Florida) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jenkins ex rel. Jenkins v. Florida, 931 F.2d 1469 (11th Cir. 1991).

Opinion

LIVELY, Senior Circuit Judge:

This is the second appeal in a case that was brought under the Education for All Handicapped Children Act of 1975, 20 U.S.C. § 1400 et seq. (the Act). Our consideration of the single issue presented by the defendants in this appeal is controlled by res judicata principles, which require that we affirm the judgment of the district court.

I.

A.

The plaintiffs in this class action, suing by their parents, are developmentally disabled children between the ages of 5 and 17 who are entitled under the Act to a free appropriate public education through the secondary level that is designed to meet their unique needs. The individual educational program developed for each of the plaintiffs requires that these children be placed in private or public residential programs in order to provide the necessary special education and related services. Under the Act and accompanying regulations the entire program for each child, including non-medical care and room and board, must be at no cost to the parents of the child. 20 U.S.C. § 1413(a) (4) (B)(i); 34 C.F.R. § 300.302. The placements are made by the Florida Department of Health and Rehabilitative Services (the DHRS) pursuant to Chapter 393 of the Florida Statutes.

In their complaint the plaintiffs contended that residential placements of school-age children by the defendants are educationally related within the meaning of the Act and that the State may not charge maintenance fees. The plaintiffs sought declaratory and injunctive relief and reimbursement of maintenance fees collected under specified statutes, Fla.Stat. §§ 402.33 and 393.071. The defendants asserted that a placement decision by the DHRS pursuant to Chapter 393, Fla.Stat. is not an educational placement and does not come within the purview of the Act. The DHRS charged maintenance fees pursuant to the statutory provisions referred to in the complaint.

B.

Following a bench trial the district court granted a declaratory judgment to the effect that collection of maintenance fees violates the Act and entered a permanent injunction against the defendants, which prohibited them from “charging or collecting any maintenance fees from Plaintiffs and plaintiff class pursuant to Sections 402.33 and 393.071, Fla.Stat.” In its opinion and order entered on June 21, 1985, the district court stated that the declaration that maintenance fees could not be charged and the injunction against collecting them was based on its conclusions that all residential placements under Chapter 393 are required for educational purposes within the meaning of the Act and that “Defendants have violated the EHA [the Act] and regulations promulgated thereunder by charging and collecting maintenance fees from the plaintiff class pursuant to Sections 402.33 and 393.071, Fla.Stat.” The district court denied the plaintiffs’ claim for reimbursement of maintenance fees previously collected by the defendants upon finding no “exceptional circumstances” or bad faith.

C.

The defendants filed a motion to alter or amend the judgment “to clarify for the Defendants the Court’s Order of June 21, 1985.” In that motion the defendants asked the court to clarify what it meant by “any maintenance fees.” The defendants stated in their motion that the case concerned collection of fees for maintenance from parents, but that such fees were only a part of the maintenance fees collected by [1471]*1471the DHRS. In addition, the agency collected fees from such “third-party payors” as Social Security, Supplemental Security Income, Medicare, Medicaid, and other services. The defendants stated that they were uncertain whether the prohibition in the order against collecting “any maintenance fees” included those received from third-party sources, described as “benefit payments,” as well as those collected directly from parents.

In response to the defendants’ motion the plaintiffs argued specifically that “benefit payments” were included in the June 21,1985, order. Thus, this issue was clearly presented to the district court at that time.

The district court denied the motion without amplification in an order entered April 10, 1986, and the defendants filed a notice of appeal from “the Orders and Final Judgments of this Court entered June 21, 1985, and April 10, 1986.” The plaintiffs cross-appealed the denial of reimbursement.

II.

The case took a strange turn following the notices of appeal. For some unexplained reason the defendants voluntarily dismissed their direct appeal. The plaintiffs, nevertheless, persisted in their cross-appeal, and thus the only issue before this court was whether the district court erred in denying reimbursement. In Jenkins by and Through Jenkins v. State of Florida, 815 F.2d 629 (11th Cir.1987), this court found that a recent Supreme Court decision had implicitly established a different standard for determining the appropriateness of reimbursement than the one applied by the district court. The case was remanded for reconsideration of the reimbursement claim under the appropriate standard. Id. at 631.

Following remand the parties entered into two joint stipulations. In the first the parties stipulated that the plaintiffs were entitled to reimbursement of maintenance fees collected directly from parents of the handicapped children. The second stipulation provided that the plaintiffs’ entitlement to reimbursement of maintenance fees collected from third parties turned on the question of whether the June 21, 1985, injunction prohibited the defendants from collecting maintenance fees from such benefit payments. The parties then filed cross-motions for summary judgment addressed to this single remaining issue in the case.

In an order entered March 16, 1990, the district court granted the plaintiffs’ motion for summary judgment and denied that of the defendants. The court stated that it had previously considered the issue of whether collection of benefit payments is permissible. The court then quoted from its June 21, 1985, order in which it referred specifically to sections 402.33 and 393.071 of Florida Statutes and permanently enjoined the defendants from charging or collecting “any maintenance fees” from the named plaintiffs and the plaintiff class pursuant to those sections.

The district court then stated that “[a]s a result of these prior rulings, the Defendants are estopped from now asserting that the issue of benefit payments was never before the Court and, therefore, cannot be considered now. The Defendants are bound by the Court’s prior ruling on this issue which obviously was considered by the Court in its rulings of June 21, 1985 and April 10, 1986.”

Once again the defendants made a motion to alter or amend the order or for rehearing and the district court denied the motion in an order entered April 24, 1990. The defendants then brought this appeal, purportedly from both the June 21, 1985, order and the order of March 16, 1990.

III.

The defendants cannot now appeal the order of June 21, 1985.

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Related

Jenkins v. State of Florida
931 F.2d 1469 (Eleventh Circuit, 1991)

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Bluebook (online)
931 F.2d 1469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-ex-rel-jenkins-v-florida-ca11-1991.