Mason v. U.S.A. Medical Center

On Application For Rehearing

YATES, Judge.

This court’s original opinion, dated February 4, 1994, is withdrawn, and the following is substituted therefor:

On application for rehearing, the appellants assert that this court erred in finding that the attorney general was not given proper notice of the constitutional challenge to a statute. The appellants contend, and we agree, that the constitutional issue arose during the pendency of the appeal; therefore, Rule 44, Ala.R.App.P., governs the service requirement on the attorney general. The attorney general was served with a copy of the appellants’…