are going to be here money disappears constantly in the news and i see that happen here but the problem is the bank is asserting that well we must have breached our country duty to you to disperse the funds and turns seventy and hand and knows by virtue of their contract if he's read over her is deemed to have read that it says at seventy and a half certain things happen and a couple things on that know once you've once you reach the age of seventy you're in and out of it quite a bit well  answer and i didn't need to know their procedures to say is this just an anomaly that we previously noted that he has questions about how it was found the you know manner in which was preserved what redactions me and all that sort of thing i believe that would be an important document of this case were to proceed to trial on the merits but it doesn't have anything to do with the statute of limitations mr suggests counsel was given many opportunities in the trial for to explain what answers could possibly come up at the deposition that he sought relating to that document and how it would affect the statute of limitations and as you heard today that the answer then why this could be unpleasant could be any number of different reasons why the money was not paid but as the trial court correctly noted what difference does that make the obligation was to disperse the funds and for the appointed time there spend actual predicate for any allegations of investment or anything like that but just taking that argument on space no matter what the answer is the obligation is contained in the contract the reason that the money was allegedly not distributed might be relevant at a reference to the argument that perhaps the bank did give him the money that the bank has not come forward and admitted in which he comes to words that we do not attribute the money as i think is clear from the brief we believe that we did distribute the money but there is no speculation involved in getting to the point at which the contractor acquires by the end of two thousand of the funds to be distributed that's apparent from the face of the documents and from the plaintiff's date of birth what about his argument that the discovery rules apply here well i would say that his argument is not quite the discovery rule should apply because of it where the discovery role in it would be objective and he would be charged with knowledge of the contract and it would apply on january st two thousand and one whether or not discovery rule is set to formally apply that he's charged with knowledge and he knows in january st for it does not apply because he is charged with knowledge it's a matter of law is a little bit academic  not four times the bank told him diary agreements from the disclosure payments that the obligation was to begin dispersing the funds by the age at which he reached seventy and a half he did not do so if you get a lump sum payment for that entire amount that not been briefs he was not able to address that argument and as a result we would suggest that that means it has been waived but in any event it's not true factually that these provisions were very there on the face of the agreements but it's also not sufficient because if it is buried at all and all we did you raise it in the trial court sure yes in other the other than orally institute sorry but it's somewhere near the back that i was reading it's in there and in fact they you know we're not going to decide if the death penalty is still valid or not or give him a deposition why does he get in the position harmful to cure it i don't know it's not that's why we have the sco free when they go when  discovery i guess no issue of dispute based upon the record before the trial judge you or us there's no need for the scope and you're correct the discovery rules generally a question of fair but it can be a question decided  only people on the banks customers did that you don't have records and what about those odds when they come in itself that other bank knows exactly what's in there why don't we have nexus to them and was discovering the stuff you don't think