Cited by
Opinions in Louisiana that cite Delta Bank & Trust Co. v. Lassiter, 383 So. 2d 330.
- Kyle v. Civil Service Com'n 588 So. 2d 1154 La. Ct. App. 1st Cir. 1992
- Martin v. Rush's Fabricare Center, Inc. 590 So. 2d 707 La. Ct. App. 1st Cir. 1991
- Professional Occupational Therapy Services, Inc. v. Vanco Human Services, Inc. 572 So. 2d 331 La. Ct. App. 1st Cir. 1990
- Montalbano v. State Bd. of Medical Examiners 560 So. 2d 1009 La. Ct. App. 4th Cir. 1990
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Owens v. Jackson
550 So. 2d 359
La. Ct. App. 3d Cir. 1989
EXCEPTIONS OF NO CAUSE OF ACTION The standard for sustaining an exception of no cause of action was set forth in Delta Bank & as follows: "In ruling on the peremptory exception of no cause of action, the court must presume the correctness of the well pleaded allegations of fact in the plaintiff's petition, and must determine if the fact of the petition presents a case which legally entitles the plaintiff to the relief sought."
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Polk v. STATE EX REL. DOTD
538 So. 2d 239
La. 1989
Delta Bank & (La.App.
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Polk v. State ex rel. Department of Transportation & Development
538 So. 2d 239
La. 1989
Delta Bank & Hagood, v. Pickering, (La.App.
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Simon v. Lafayette Automotive, Wrecker & Towing Control Committee
532 So. 2d 283
La. Ct. App. 3d Cir. 1988
49:964(A); Delta Bank &
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Cost v. St. Landry Parish School Bd.
528 So. 2d 1048
La. Ct. App. 3d Cir. 1988
App. 3 Cir.1982), writ denied, *1053 (La.1982); Delta Bank &
- Gibbs Construction Co. v. State, Department of Labor 525 So. 2d 1039 La. 1988
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Loop, Inc. v. Collector of Revenue
523 So. 2d 201
La. 1988
Delta Bank & Bowen v. Doyal, 259 La.
- E. Lionel Pavlo Engineering Co. v. State ex rel. Department of Transportation & Development, Office of Highways 521 So. 2d 652 La. Ct. App. 1st Cir. 1988
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Broussard v. Guidry
517 So. 2d 1166
La. Ct. App. 1st Cir. 1987
EXCEPTION OF NO CAUSE OF ACTION The standard for sustaining an exception of no cause of action was set forth by this court when this case was first appealed where we said that: "The standard for sustaining an exception of no cause of action has been set forth by the Louisiana Supreme Court in Delta Bank & as follows: ‘In ruling on the peremptory exception of no cause of action, the court must presume the correctness of the well pleaded allegations of fact in the plaintiff’s petition, and mus
- Saxena v. Saxena 518 So. 2d 1098 La. Ct. App. 5th Cir. 1987
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Hillman v. United States Aviation Underwriters
509 So. 2d 125
La. Ct. App. 1st Cir. 1987
Delta Bank & Sunbelt Factors, (La.App.
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Guajardo v. Louisiana State Racing Commission
508 So. 2d 173
La. Ct. App. 1st Cir. 1987
Delta Bank and Trust Co., supra, [ ] see also Louisiana Administrative Procedure Act, Robert Force and Lawrence Griffith, 42 La.L.
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Simon v. Lafayette Automotive Wrecker & Towing Control Committee
506 So. 2d 561
La. Ct. App. 1st Cir. 1987
4 Cir.1983), and cases cited therein, and that judicial review is presumed to exist, Delta Bank &
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Acadiana Bank v. Hayes
498 So. 2d 275
La. Ct. App. 1st Cir. 1986
Delta Bank & State ex rel.
- Hughes v. Louisiana State Bd. of Dentistry 490 So. 2d 1097 La. Ct. App. 4th Cir. 1986
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Rue v. Board of Trustees of the City of Alexandria Employees Retirement System
484 So. 2d 272
La. Ct. App. 1st Cir. 1986
Delta Bank & (La.App.
- Bell v. Dept. of Health and Human Resources 483 So. 2d 945 La. 1986
- Sunbelt Factors, Inc. v. Bank of Gonzales 481 So. 2d 648 La. Ct. App. 1st Cir. 1985
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Broussard v. Guidry
464 So. 2d 36
La. Ct. App. 3d Cir. 1985
itled to a judicial partition in kind of said 31.46 arpent tract to establish precise quantity and boundaries as to the property that plaintiff shall own and to further remove the cloud on plaintiff’s title....” EXCEPTION OF NO CAUSE OF ACTION The standard for sustaining an exception of no cause of action has been set forth by the Louisiana Supreme Court in Delta Bank & as follows: “In ruling on the peremptory exception of no cause of action, the court must presume the correctness of the wel
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Psychiatric Institutes of America, Inc. v. Guissinger
464 So. 2d 7
La. Ct. App. 1st Cir. 1984
Const. art. I, § 22; (La.App.
- Olbrych v. LOUISIANA STATE RACING COM'N 451 So. 2d 1253 La. Ct. App. 4th Cir. 1984
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Hinchman v. Oubre
445 So. 2d 1313
La. Ct. App. 5th Cir. 1984
As stated in Delta Bank & "* * * Although the correctness of the plaintiff's well pleaded allegations of fact is assumed, the correctness of its conclusions of law is not conceded for purposes of a ruling on an exception of no cause of action.
- Corbello v. Sutton 442 So. 2d 610 La. Ct. App. 1st Cir. 1983
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Henning v. Carrier
430 So. 2d 1310
La. Ct. App. 1st Cir. 1983
In Delta Bank & the Supreme Court stated with regard to the Administrative Procedure Act: "An adjudication is a proceeding resulting in an order or decision.
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Super City Boxing Productions, Inc. v. Louisiana State Athletic Commission
423 So. 2d 643
La. 1982
In Delta Bank & we discussed the concept of a property interest: The Fourteenth Amendment of the Federal Constitution provides, in part, “...
- Seuzeneau v. Board of Trustees of the Firefighters Pension & Relief Fund for the New Orleans 422 So. 2d 439 La. Ct. App. 1st Cir. 1982
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Shores v. Fidelity & Cas. Co. of New York
413 So. 2d 315
La. Ct. App. 3d Cir. 1982
The Louisiana Supreme Court stated in Delta Bank & : "Although the correctness of the plaintiff's well pleaded allegations of fact is assumed, the correctness of its conclusions of law is not conceded for purposes of a ruling on an exception of no cause of action.
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Hagood v. Pickering
385 So. 2d 405
La. Ct. App. 1st Cir. 1980
The Supreme Court in the recent case of Delta Bank & held the Commissioner is a state agency as defined in the Administrative Procedures Act and that the provisions of the act do apply to his activities.