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BERTINI v. TURNCLIFF

No. 92 CA 1088.

620 So.2d 1197 (1993)

Mr. and Mrs. Steven M. BERTINI v. Debra Kay Britton, Wife of/and Edward William TURNCLIFF, John Pool, South Savings and Loan Association, Sheriff Patrick J. Canulette and the XYZ Insurance Companies.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 28, 1993.

Attorney(s) appearing for the Case

James P. Magee, New Orleans, and Julia M. David, Mandeville, Mary Ann M. Swaim, New Orleans, for the Bertinis.

Michele D. Ahlers and E. Ross Buckley, Jr., Metairie, for Earlton Riley.

James S. Rees, III, Covington, and Sidney L. Shushan, New Orleans, for Britton/Turncliff & Allstate.

Margaret H. Kern, Covington, for Canulette.

James Ryan, III and David P. Salley, New Orleans, for Pool/USAA.

Before CARTER, LeBLANC and PITCHER, JJ.

LeBLANC, Judge.

Plaintiffs, Mr. and Mrs. Steven M. Bertini, appeal from a summary judgment dismissing their wrongful death claim against defendant, Patrick J. Canulette, in his capacity as Sheriff of St. Tammany Parish. The issue on appeal is whether a constructive seizure of a vacant lot pursuant to a writ of fieri facias gives a sheriff custody of the property seized within the meaning of La.C.C. art. 2317. Concluding that it does not, we affirm.

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