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STATE v. REDTOP MARKET, INC.

1041740.

937 So.2d 1013 (2006)

STATE of Alabama v. REDTOP MARKET, INC.

Supreme Court of Alabama.

March 10, 2006.

Attorney(s) appearing for the Case

Troy King, atty. gen., and Kevin Newsom, deputy atty. gen., and Alyce S. Robertson, asst. atty. gen., for appellant.

Jon B. Terry of Bains & Terry, Bessemer, for appellee.

WOODALL, Justice.

The State appeals from a judgment for Redtop Market, Inc. ("Redtop"), in the declaratory-judgment action filed by Redtop seeking a determination regarding the legality of certain video-gaming machines Redtop desired to place on its premises. The State's appeal, however, was untimely filed; therefore, the appeal must be dismissed.

Neither the State nor Redtop mentions the untimeliness of the appeal. However, their failure to raise it as an...

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