AmSouth Bank v. Holberg

This appeal raises the question whether the filing in the probate court of a copy of a divorce judgment bearing the trial judge's original signature is sufficient to create a lien on real property, despite the provisions in §§ 6-9-210 and -211, Ala. Code 1975, stating that a certificate of judgment is necessary. For the reasons discussed below, we answer that question in the negative.

I. Facts and Procedural History

On October 7, 1993, Judge Richmond Pearson of the Clarke County Circuit Court entered a judgment divorcing William M. Cagle, Jr., and his wife, Pamela A. Holberg (Cagle). That…