Alabama National Life Ins. Co. v. Bozeman

PRICE, Presiding Judge.

Before submission, counsel for appellee filed a motion to dismiss this appeal and to affirm the judgment on the grounds:(1) There is no certificate that a copy of the assignments of error has been served upon appellee;(2) No assignment of error was served upon appellee or his counsel.

In Board of Education of Colbert County v. Mitchell, 270 Ala. 594, 121 So.2d 103, the court said:

“An assignment of error is an instrument of appellate pleading. It should be available to one’s opponent, and where, as here, a copy of the assignments of error was not served on appellee and…