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SUPREME COURT OF LOUISIANA NO. 95-C-1649 ALINE SEGURA TUCKER v. VIVIAN CROWSON MAGETTE TUCKER FOWLER MARCUS, J. (dissenting) I disagree with the majority's conclusion that once the sheriff obtains possession of a writ of fieri facias, his right to collect a commission attaches regardless of whether the writ is executed. seizure. In my view, La. R.S. 33:1428 A(13)(a) presupposes a The statute lists five enumerated circumstances in which In these situations, the

the judicial sale does not take place.

sheriff is entitled to receive a fee or commission "as in the case of a sale." Clearly, a seizure must precede a sale. It follows

that if no seizure takes place, there could not have been a sale, so the sheriff cannot be entitled to a fee or commission "as in the case of sale." By allowing the sheriff a commission where nothing

of value has been seized, the majority's opinion is contrary to the clear language of the statute. Accordingly, I respectfully dissent.



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