Tucker v. Fowler
Supreme Court of Louisiana
1Opinion of the Court
hVICTORY, 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 *719by 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 a commission attaches regardless of whether the writ is executed upon or whether the execution directly yields assets or funds.
FACTS AND PROCEDURAL HISTORY
On June 28, 1994,…
Also in this document: Concurrence.
2Cases cited8 opinions
- Moore v. Gencorp, Inc.Supreme Court of Louisiana · 1994
- Tarver v. EI Du Pont De Nemours and Co.Supreme Court of Louisiana · 1994
- Succession of MillerSupreme Court of Louisiana · 1981
- Ramirez v. Fair Grounds Corp.Supreme Court of Louisiana · 1991
- Stevens v. LockettLouisiana Court of Appeal · 1988
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3Cited by8 opinions
- Causeway Medical Suite v. IeyoubCourt of Appeals for the Fifth Circuit · 1997
- Abuan ex rel. Valdez v. Smedvig Tankships, Ltd.Louisiana Court of Appeal · 2001
- Causeway Medical Suite v. IeyoubCourt of Appeals for the Fifth Circuit · 1997
- Causeway Medical Suite v. IeyoubCourt of Appeals for the Fifth Circuit · 1997
- Opinion Number, Louisiana Attorney General Reports2001
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