for them when the case was nowhere near ready for trial and nobody had been deposed was that an abuse of discretion and i think the answer is yes and the way it happened this case was pending a long time no doubt about it and that is that the know but when you do see a big push shows the people were very careful and that there were a lot of delays for a lot of reasons this woman died intestate it may of two thousand and six it looked like the nothing the state but she can no one shared and wrote on the and it was that easy to get the records so there were a lot of things took a long time two years go by here two years would go by there it does seem like it took a long time a particularly long time you could play my clients who are after  died why was nothing happening from twenty thirteen to twenty forty but that's the only real problem they had that they did come in that they were given twenty one days together to turn it really an issue with respect to me her found there are areas for other countries i understand and that after the bank it collapsed in two thousand and eight people couldn't sell real estate so certain to seed into the states you know ended up longer no there was no good in order and agreed order it which actually is that even you know technically an order it's a contract but so i don't know i'm not fighting about it federally appearing i think that perhaps if the case gets reminded there is a i've actually been to be made that he could appear because he did he is he said in his motion to correct the record he one day when three other judges were not present judge bagley the judge called minutes of judge mccurry i believe he had a lot of calls and anybody because nothing had been done and you know i cited a number of cases for the proposition that ok you don't let somebody file an appearance when the case is ready to go to trial or trial but we're not in that situation  while and so i think in this case there was great prejudiced by clients particularly from the failure to turn over the d n a evidence and protest from the continued innuendo that my client there was tremendous prejudice to bake i had to it and it was exacerbated by the public administrators position and i was to say one other one other veteran looking over the record yesterday there was the documents in don't you think that the judge shouldn't given the much longer time and maybe she just was fed up with the case because of the change in the number of the means which to me is common i could give you maybe not but nothing was being done for that six month period it's not just the fact that you know there are other attorneys handling the case very very fine but here they come in six months goes by that gives three opportunities  just a few points mr colbert speaks outside of the record on a few matters and he says there is no d n a there is no d n a it is a new record that's they had at the end of the day examiner told them there was no d n a from wanda but that's not to say there is no d n a and we don't know what would have happened if the bills is extensive they met with the d n a expert at twelve four and twelve seven  at april twenty fifth and in court although we had no appearance but that was two months after they were told and although the law seems to be here you seem to be clear that they could have just filed an appearance without permission it's a kind permission but the judge had made it such and so it's just an awkward situation and what could they have done to point out just to say that they were they didn't do anything because they didn't object to the final accounting the final accounting isn't the and when and seven twenty one of the day the court did approve the final accounting crispin did file a renewed motion for reconsideration about the airship that in the document alleged offensively those that is where there is the actual proof of airship that had been missing previously they had didn't didn't have all of the right documents prior to that and that is when it came in interesting we also  when you come in within thirty days and ask to have it vacated and and it was so i think my clients did seek to have it vacated within thirty days so it should have been done as a matter of course as well for the question