mr carter becky is still under contempt right now he has been subjected to at this point seven and a half million dollars worth of fines which he would like to recover he has also had to recently pay five million for on an order that is absolutely unclear as to what was required is unconstitutional on its face and he has now suffered thirteen months thirteen months in prison and again when his wife was pregnant long both sides that's all we're arguing about whether we should go with one side or the other because even though he promised this whole thing by deciding to play games when he was charge in addition and that damage award only goes up until i believe this time last year and lehman has indicated its intends to seek another year's worth of attorney's fees on the same unconstitutional contempt so yes your honor there is some urgency to hearing this that then it would be punished punishment in which the bankruptcy court does not hear you you did this illegal breach of your theory do you did all these things and i want you to and get it back i believe that this guy is really one of your minions and you haven't shown me anything to suggest the contrary indeed it's almost absurd to think the contr want you to get it back when you laid out a bunch of different ways to do it as time went on well two points to that your honor one is the fact that mr contract ended up spending thirteen months in jail again shows that he couldn't jail and obviously she could have done something to get herself out but like i said in general that's absolutely true your honor but this man also ended up paying five million dollars for a stock that had no equity none zero dollars of equity contempt arose from an injunction that has all the makings of a final order it's the injunction itself that has nothing left to be done and there's the possibility that mr contract he won't get an appeal if we have to wait for however long it takes to actually resolve that adversary proceeding which involves entirely separate issues and the injunction don't as a step one there will not be a permanent injunction the injunction required to him to get the stock back and to not interfere et no your honor this is a plain old content or that's all it was a do it do it or play or pay so much today until you've done it that's a plain old civil contempt order if the difference your honor is unlike order determined by the bankruptcy court and so carefully determined by judge prior when he considered the entire record in order to make his decision with respect to people just listening to feel the first time the motion for discretionary appeal that's his order that that's the only order and there's not even a notice of appeal in the dark in this case this in and there is one in a different district court case but not in this one so why we say the judge bryer dismissed the direct appeal well i believe what you get and i'm i'm now relying upon his opinion yes we have a judge briars pinion he analyzed whether there was an appeal as of right right and he said i don't think there is you concluded that there was not an appeal as of right right he concluded that he would not grant discretionary review of an interlocutory order which is what he construed bankruptcy court order to be precise and accordingly situation and therefore argued the case on that assumption so everybody thought what the heck it looks like he must have meant to dismiss the direct appeal which wasn't in front of them so therefore he  there's no jurisdiction because i think judge briars disposition either as judge fernandez as has has articulated it i think correctly   dismissal of a purported appeal from a bankruptcy court non final order on the basis that it was not a final order then i think bottom says there's no jurisdiction in this court for that either so i think the the disposition from this court ought to be based on that logic either branch that there is no jurisdiction before this court and there are no other circumstances where the court should exercise managers and if you want to point out to other facts the bankruptcy courts coercive sanctions order was predicated upon a specific finding of control by mr contra baccy others coconspirator hence the bankruptcy court concluded that mr contra backing had the ability to comply and finally we cited in our in our brief a reference to another district court appeal that was then pending at the time that we fi