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RIDDLE v. SIMMONS

No. 42,501-CA.

965 So.2d 998 (2007)

Dorothy RIDDLE, Plaintiff-Appellant v. Gaylon D. SIMMONS, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

September 19, 2007.

Attorney(s) appearing for the Case

Sentell Law Firm, L.L.C., by C. Sherburne Sentell, Jr., C. Sherburne Sentell, III, Minden, for Appellant.

Gordon, Arata, McCollam, Duplantis & Eagan, L.L.P., by Ewell E. "Tim" Eagan, Jr., Donna Phillips Currault, New Orleans, for Appellee, Gaylon D. Simmons.

Usry, Weeks & Matthews, by John F. Weeks, II, New Orleans, for Appellee, Lincoln Parish Sheriff, Mike Stone.

Before BROWN, DREW and MOORE, JJ.

MOORE, J.

This appeal concerns the commission a sheriff is entitled to charge and who must pay it when the judgment debtor paid the judgment in full shortly after he was served notice of the writ of fieri facias (hereinafter "fifa")and thereby eliminated the need for a sheriff's sale. In this case, the trial court held that the sheriff was entitled by statute to collect $67,618.40 from the judgment creditor, Dorothy Riddle, that sum being 3% of the pay-off of the...

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