Court of Civil Appeals of Alabama February 8, 2013, 2110812 (Florence Surgery Center, L.P. v. Eye Surgery Center of Florence, LLC)

On Application for Rehearing

MOORE, Judge.

This court’s opinion of November 30, 2012, is withdrawn, and the following is substituted therefor.

On November 30, 2012, this court issued an opinion reversing a decision of the Alabama State Health Planning and Development Agency’s Certificate of Need Review Board (“the CONRB”) concluding that *388Eye Surgery Center of Florence, LLC (“ESC”), was not