KELLEY v. GUINN

No. 91-363.

602 So.2d 165 (1992)

Grady L. KELLEY, Jr., in His Capacity as Sheriff of the Parish of Rapides, State of Louisiana, Plaintiff-Appellant, v. Jimmie B. GUINN, et ux, Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

June 24, 1992.


Attorney(s) appearing for the Case

Broussard, Bolton, Halcomb & Vizzier, Frank Bolton, Alexandria, for plaintiff-appellant.

Guy E. Humphries, Jr., Alexandria, for defendant-appellee Guinn.

Before STOKER, J., and CULPEPPER and SALOOM, JJ. Pro Tem.


KALISTE J. SALOOM, Jr., Judge Pro Tem.

The question presented in this appeal is whether the Sheriff of Rapides Parish may collect the costs of preparing for a judicial sale under a writ of fieri facias from the plaintiff in writ when the sale does not occur because of the automatic stay provisions of 11 U.S.C. Section 362.

FACTS

In May, 1989, defendants-appellees, Jimmie Guinn and his wife, Ava, filed suit against Lloyd Drewett for past due rent...

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