AmSouth Bank, N.A. v. Bischoff

Because I believe that Bischoffs garnishment proceeding constituted an execution on the judgment, and that Bischoff was not required to file a lis pendens notice within 10 years of the entry of the judgment, I must respectfully dissent.

According to Ala.Code 1975, § 6-9-191, “[i]f 10 years have elapsed from the entry of the judgment without issue of execution or if 10 years have elapsed since the date of the last execution issued, the judgment must be presumed satisfied_” (Emphasis added.) Since 10 years had not elapsed since Bischoff initiated garnishment proceedings in February 1987, I…