Orleans Parish School Board v. Campbell

On Rehearing

YARRUT, Judge.

On the joint application of both parties we granted a rehearing to review our dismissal, ex proprio motu, of this suit, on the *87ground it was not a proper case for a declaratory judgment. No objection to the character of the suit was urged below or here, the court below having decided the case on its merits. Our dismissal ex pro-prio motu was made on the holding in Orleans Parish School Board v. City of New Orleans, 238 La. 748, 116 So.2d 509. The reason for the dismissal was that the action for a declaratory judgment cannot be used when the law has otherwise provided…