extraordinary but that's that's not why we're here we are for you here as i read your brief you've conceded that you have no issues since the court struck the  material from the supplemental appendix oh but we very much have an issue with respect to that and that material is on the record for this appeal and that's what we are that's not on the record was stricken was it not i don't in this court enter an order striking the supplemental appendix and all matters in the brief that depended on that supplemental appendix and didn't you then file a brief filing saying there's nothing  left that the striking water and this is somewhat vague order with respect to the brief but i thought it was conceded that everything that was argued in the brief depended on the supplemental then but the issue that we have with the legal fees which has been addressed in our brief in detail is that in fact this law firm has been over compensated and it has been overcompensated through the laundering of money under our nose sham arbitration and that argument about money laundering is not exactly what was stricken your honor what i know is it's on this record and it's in our brief for this argument seems not to have been touched on sufficiently here is that bank movie r a have for virtually the entire existence of the company been in all likelihood concede that the may ninth two thousand and seventeen order of this court striking the bulk of the appendix and of the poems brief removes the issue upon which the appeal depended and then concludes that quoted you something is that incorrect i don't believe that it was striking to contention that i am making now you sensed moots everything it moots the arguments raised by appellant on this appeal is what you said and my concern only as i came to this argument was should we dismiss this appeal or should we just affirm because there is a pending appeal that has not been withdrawn and no argument as been left that challenges the twenty seventeen removes the issue upon which the appeal deep ended and then the conclusion the main nine twenty seventeen order moots the arguments raised by appellant on this appeal the arguments were all without exception anything i'm asking you what you meant when you said that that water moves the arguments raised on this appeal i didn't say that i didn't make it up i didn't find that i didn't read that into some prior water you said that and i  stand by that your honor and therefore my argument i take it is in fact ok and but you're not withdrawing the appeal no your honor  again i believe this legal fee awarded is unconscionable in light of the history of what's happened here and we have laid that out in our breeze thank you just earlier in the procedural history of the fia appeal we had sought dismissal in this court denied it so i would suggest the court simply at this point affirm feel order because there is an outstanding appeal it is the appeal is not appeal has been taken and you're saying since there is no longer an argument made against the validity of that that this board can take cognizance of all we need to do is affirm yes your honor and also a prior panel did not dismiss when we moved to dismiss and therefore i think the best course would be to affirm at this point and i think you are much more reserved decision