# Provident Bank v. Leslie

> Louisiana Court of Appeal · January 13, 2010 · 2002 La.App. 4 Cir. 1449

URL: https://www.frixlaw.com/law-library/cases/9657437

## Case

- **Full name:** PROVIDENT BANK v. Lorina M. LESLIE
- **Court:** Louisiana Court of Appeal
- **Decided:** January 13, 2010
- **Citations:** 2002 La.App. 4 Cir. 1449; 28 So. 3d 1196; 2010 La. App. LEXIS 43; 2010 WL 114790
- **Precedential status:** Published
- **Opinion:** Concurrence by Tobias
- **Judges:** Murray, Tobias, Lombard
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9657437

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9657437. Public record. Not legal advice.