Bank of Clearwater v. Kimbrel ( 1978 )

Hall, Justice,

concurring specially.

In my opinion, there has been much confusion in this case at both the trial and appellate level over the terms "filing” and "entry” of a judgment.

The majority opinion holds that it is the duty of a trial judge to see that the judgment is filed and that the law presumes that he did his duty. I respectfully submit that there is no duty upon the trial judge to file the judgment with the clerk. It follows therefore that there can be no presumption that he did what he was under no duty to do. The person who has the responsibility for seeing that the judgment is filed is the party who obtains the judgment. 49 CJS 234, Judgments, § 108 (b).

"The filing with the clerk of a judgment, signed by the judge, constitutes the entry of such judgment, and unless the court otherwise directs, no judgment shall be effective for any purpose, until the entry of the same, as hereinbefore provided. . .” Code Ann. § 81A-158 (b). See also Code Ann. § 6-903 and Bowen v. State, 239 Ga. 517, 518 (238 SE2d 62) (1977).

Filing with the clerk means delivering it to the clerk’s office. If it reaches the clerk’s office, it has been entered and is effective irrespective of whether or not the clerk enters it upon his records or it becomes lost. There is evidence in the transcript that this judgment, which was signed by the judge, reached the clerk’s office. How it got there or what happened to it afterwards is immaterial. It was an effective judgment and the trial court was in error in ruling that it had never been entered.