case just because plaintive loses a court never had jurisdiction in the st place and to me what you are saying to me it is your honor and frankly i beg to differ and all that dead given that you can go you want but to construe the evidence in favor of the opposing party who was allied certainly this was an appeal from a jury verdict on a trial the appeal would be a dead man walking because the evidence even if the amount was wrong because laws get passed even we know the amount was wrong because on the day the rig was filed the money was still being held by the doctor's office and allied somewhere between them so we know the amount was wrong you're trying to say we should pay attention to the fact that money was later paid back and i'm not sure why we should be paying attention to the fact the money was later paid back if if if your that the american not answering my question is that what you're telling me you don't care about what i'm asking about you're telling me how rid of garnishment work and i'm not sure why we should care about that either but how about the question i pos which you probably don't remember because you weren't thinking about my question let's try this again on the date the rip was filed september st the money had been received by a i've forgotten the doctor's name but by the doctor's office so why is it that the plaintive should still be expected oh for the money that the doctor had now the doctor may later decide to send it back for reasons i really don't understand but why is that the plaintiff garnishment and there's no violation of the statute and the judge to make a factual determination of whether the wrong amount matters the particular garnishee yes or the donahue was a letter cas look at donohue and it says it was a complaint the complaint did not violate the statute correctly calculate of the total debt you owe to the problem was that apparently mislabeled something but the total amount was correct and we just established in this case the total amount claimed and the garnishment was not correct so how does donahue establish the proposition which you're arguing but incorrectly with the amount was correct and in our case you already acknowledged the amount was not correct so i repeat how does donahue establish the proposition for which you argued and taken almost all of your time correct so ok if that's if that's what you're jealous of the case we should look at i got to tell you that so far i'm very persuaded because not every request well you didn't receive everything requested you received nothing with regard to emotional distress and if you look at the hours being claimed certainly the on the date of the summary judgment is a liability and then the defendant suggested another day off and i forgot what that they was but the lion's share of the hours claimed appeared to have been for the effort that produced a zero award for actual damages and under the lodestar factors were supposed to be looking at that are weight so how can we sustain the award of paying an attorney even slightly trimmed by the district courts of paying an attorney for hundreds of hours spent producing a dry hole so three that may be where the district court got off because yes you can win a nominal damage award of one dollar or six peppercorns or whatever and you can still sustain attorneys feel were based on that but in this case your client the counsel for your client invested hundreds of hours in pursuing a claim that did not lead to a successful result and the lodestar factors require us to consider that  be still doesn't speak to what we have cited as our concern which is that it appears that this record has awarded fees for hundreds of hours of attorney time that did not appear to produce a successful result of any time because the end result of the trial was not a positive one for your reply but the end result as evan noted was a positive result the st time she got the it to determine and forego the claim for actual damages i mean i'm sure i'm sure it could have been done but the way that why was the trial necessary because the way it the trial was was was aimed at an actual damages that's the source of our problem because the result of that trial was a zero for actual damages and so you're basically a knowledge ing to me that the trial was unnecessary if that's the case why shouldn't tourney speeds be awarded for the hundreds of hours of time spent pursuing a trial that was unnecessary and unsuccessful i'm not conceding that it was unnecessary again the trial was hundreds of hours or suing unsuccessfully a claim for actual damages where is my understanding not correct because the record doesn't support that that the would not have been the jury trial if it was if not  statutory damages as distinguished i'm going to have to have a jury trial because plaintive continues to pursue actual damages and so i get an advisory opinion that is my responsibility i've got to tell you whenever i've seen that situation before the trial judge doesn't commission a jury trial over a possible one thousand dollars of statutory damages the district court simply decides itself and i don't understand what would have prevented the district court from doing math here and i don't see anything in the record that suggests the district court what it required a jury trial for your client's request for actual damages and you point me to anything that would disabuse me of that notion