Supreme Court of Louisiana, 1988

Louisiana National Bank v. Prine

Louisiana National Bank v. Prine
Supreme Court of Louisiana · Decided October 14, 1988 · Dixon, Lem, Lemmon, Mon, Stated
531 So. 2d 1081; 1988 La. LEXIS 2056; 1988 WL 109206 (Southern Reporter, Second Series)

Louisiana National Bank v. Prine

Opinion of the Court

In re Prine, Willie Leon; Prine, Minnie Bernice Ott; Applying for Writ of Certiora-ri and/or Review; to the Court of Appeal, First Circuit, Number CA87 0358; Parish of East Baton Rouge 19th Judicial District Court Div. “G” Number 295-728.

Denied.

Concurring Opinion

LEMMON, J.,

concurs. Under the circumstances of this case, defense counsel could have reasonably believed that he would not be subject to a default judgment if he did not file an answer within the extended period. It was therefore an “ill practice” to obtain the default judgment without notice to opposing counsel. Nevertheless, relator failed to show a viable defense of which he was deprived and therefore did not establish that enforcement of the judgment would be inequitable.

DIXON, C.J., concurs in the denial for reasons stated in the concurrence of LEM-MON, J.

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