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TUCKER v. FOWLER

No. 95-C-1649.

668 So.2d 718 (1996)

Aline Segura TUCKER v. Vivian Crowson Magette Tucker FOWLER.

Supreme Court of Louisiana.

Rehearing Denied March 29, 1996.

Attorney(s) appearing for the Case

John C. Holleman, New Iberia, for Applicant.

P. Charles Calahan, New Iberia, William A. Porteous, III, New Orleans, Porteous, Hainkel, Johnson & Sarpy, for Respondent.

Tod Michael Thedy, New Orleans, for amicus curiae Paul R. Valteau.

John Franklin Weeks, II, Thomas A. Usry, Metairie, for amicus curiae Louisiana Sheriff's Ass'n.

VICTORY, Justice.

We granted certiorari to determine whether a sheriff is entitled to a commission, under La.R.S. 33:1428(A)(13)(a)(ii), when a writ of fieri facias is issued and a notice of seizure is executed, but no assets or funds are seized by a sheriff and the judgment debtor subsequently satisfies the judgment by making a cash payment. We find that once a sheriff obtains possession of the writ, his right to collect...

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