Alabama Department of Mental Health & Mental Retardation v. Marshall County Treatment Center

I must respectfully dissent. At the time of the hearing, the Marshall County Treatment Center (the “Center”) knew of the hearing officer’s involvement in the certification process; nevertheless, it failed to object to the hearing officer. The challenge to the hearing officer came too late to be considered. The Center waived its objection. See Adams v. Board of Trustees of the University of South Alabama, 676 So.2d 1326, 1328 (Ala.Civ.App.1996) (citing Phillips v. Amoco Oil Co., 799 F.2d 1464, 1472 (11th Cir.1986), cert. denied, 481 U.S. 1016, 107 S.Ct. 1893, 95 L.Ed.2d 500 (1987)) (stating…