Item 2.02. Results of Operations and Financial Condition.

On February 2, 2009, Superior Bancorp issued a press release announcing its preliminary operating results for the quarter and year ended December 31, 2008. The preliminary results do not include the effects of a potential non-cash goodwill impairment charge which has not yet been determined. A copy of the press release is attached hereto as Exhibit 99. The information in Item 2.02 of this Current Report on Form 8-K, including Exhibit 99, shall not be deemed "filed" for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, except as we may specifically state in any such filing.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits.

Exhibit No. Description
99 Press Release of Superior Bancorp dated February 2, 2009.

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