The opinion
TOBIAS, J.,
Concurs and Assigns Reasons.
hi respectfully concur.
I agree with the majority that a presumption exists that a judgment confirming a default is supported by legally competent evidence, but the presumption does not apply where a transcript of the confirmation hearing is recorded and part of the record on appeal. I write separately because the authority cited by the majority for this proposition of law, namely, Mooring Financial Corporation 401(K) Profit Sharing Plan v. Mitchell, 08-1250 (La.App. 4 Cir. 6/10/09) , 15 So.3d 311 , is an absolutely incorrect decision (on the merits of that case) as noted by the dissent therein.