ninety four cents passed to nicole kenney who was that the joint owner of as the surviving joint tenants in the checking account or as the other side argues was that amount of he intended to make a gift of the money in the joint account by adding her b believe it would be her granddaughter's name to the account or as the other side argues was testified to and that was a conversation she had with the seat and norma candy that the seed asked mrs becker what would happen to the money in her checking account if nicole  kenney was added to that account and becher's answer was the money would go to nicole when that the seating or norma kinney died and then norma candy ob sa death is it because understanding the cheating this was a little fact that's that's the interesting part about this case because nicole kenny has has vehemently you know it the record is clear there's no point in trying to that has nothing to gain except for one thing and i tried to point that out in my brief and with all due respect to her i think nicole took the position that the court is inquiring about as a revenge motive and that is the call you know was a young lady that's trying to feel the way around the world i hate to say she's in there do well at that point her life i don't know what you doing now but that was your life she really didn't have much going for her she in essence is scored some money the six sixty eight hundred dollars rounded off but now it's gone off because vicki kennedy is saying nicole you won't get this money so  the term bring questions like credibility we've all been involved in decades worth of hearings where we see evaluated people being credibility terminations and now we just have a cold record so i suppose my question is how in the world are we supposed to second guess judge clary here who saw her all these with the says she says conclusion and say you know you believe the wrong people and believe the wrong things judge judges in the better position to see the witnesses and to make some determination we have the burden of proving just larry with all due respect that acted contrary to the manifest way the evidence and putting a certain tinge of their recollection to go along with their current assessment of who's who and what's what is fail and let me point out briefly in response if i could you talk about maybe judge clary pick something up debbie surgeon's only testimony was that she had this conversation with the polk county in her kitchen when they were preparing to have a party time to arrange a part for nicole's sister lindsay kenny you know again with all due respect to the to the judge like the caller independently she started to testimony by saying yes i've been friends for over forty but but but to get at him understand what you're saying but i just think with all due respect to judge clary notwithstanding his his duty to make these decisions i think the plan was to to to have that this is kenny's that that the seeds that that money go to the polls on the other the other side argues well it were two hundred seventy one checks written over the course of that becker and vicki and i jujubee you for some reason it's not clear in the record not not sergeant and i misunderstood that it was you and now that you reminded me what had happened is is i how her two of them that yes we do the state no your honor she didn't and there is in the in the common law record there is a current account that the executor file eight thousand dollars and then this some smaller assets there's this bank account that's sixty nine hundred dollars roughly a person making the credibility determination of witnesses and reviewing courts as as the law clearly provides must give great deference to the trier of fact especially on matters concerning credibility of witnesses elite's indicated that his theory is that she had some revenge motive for testifying against his client picky but that's purely speculation there's certainly nothing in the record testimony surgeon early on in her testimony testified that she had been best friends with forty years so i don't think we have to totally neutral witnesses there francis specker there was even some of her credibility was  primarily from the coal to support the trial court's finding in this case there's also separate apart from that documentary evidence that that backs up with holes testimony this is  comment sure i had bills to pay that i owed the time of my grandmother's death but i don't think this money was mine she felt that if a lot of the state she believed that when she turned those funds on which they were going to go into her grandmother's estate appellate court opinions all of these kinds of cases really are fact based solutions this was certainly a fact based decision by judge larry and there is certainly sufficient evidence in the record to support his decision you i want to respond offers distribution said nafta has to do of whether there's action the record but also on when i first began putting this brief together i thought you know the big hurdle here is is this issue of is is there is the record it was the judge's decision supported by the best way and i harken back to the opinion whatever the judge clearly wrote it was a three know i know what's going on in your mind here i hope this is headed west but that's something that's very concerning to me and i'm not suggesting i'm no judge clary i'm not suggesting that that he flipped a coin or something like this but that's what is very concerning to me is little things that keep adding up there was there was no mention of that and again mr meacham made the comment about you know vicki didn't believe the money was her because she the money was hers after the seton died and she gave the money to to if you can nicole gave the money to vicki kennedy ob because it went into it was to go to the estate she stood there in a credit union while the money was moved from them from the soup was checking it out and put it into vicki cammies savings account in the name of vicki kennedy not your state so again i'm just pointing