put eight to five foot two because of this girl also she had act pain she had numbness in her interview in her legs she had fallen before she had just gotten out of thirty days of rehab where they were trying to get her muscle strength back w and move around and so it was it you know the bed the situation three now granted i do have four brothers and one sister who live within thirty miles of my mother but that when she fell yet i had a great concern i was really upset i went home i don't know all of my brothers i got on the phone with the doctors and to find out where my mother was and frankly the last thing on my mind notice of appeal was to be filed the last day that it could be filed timely was that it rector ok so i just wanted to end it as i was on i'm on my way back to my office found the appeal this happens and my mind goes again a different direction you know and one of the reasons that is good news started it was because my father passed away in two thousand and nine and i had  an opportunity to go visit him one week before he passed away and i chose not to go i sent my wife and i was not to go because i was busy taking care my practice and i missed him before  medical alert so that my mom has now has it and she you know the button if you fall out i fall and i can't get up that company and pocket my brothers and sisters and say look you know we need a schedule you gotta work it's out i'm going i'm trying to get what i had scheduled at work then with what i was going to take care of my mother and what happened the next day and next day i mean court and i'm taking care of some other matters and i get back in court and it hits me that there's this paper sitting here that i haven't finished so i immediately look at that recognize that i'm i'm already  reason why you didn't go with a notice of appeal that you know you knew was late to the reason why you didn't file the motion for leave then or didn't do it until i think might have been the last thing you could have done that  let me give you a question you can think about an answer when you come back there really seems like the cases are not comment on how compassionate we should be the cases seem to turn on how directly did these circumstances affect and prevent the doing over never the act was supposed to be and that seems to be the test at least in the cases the judge hears jaime who you know relied on and if you want to when we come back if you want to react to that i'd be great ok thank you thank you ok mr alluded to pink a being a little bit different standard arguably from the case that was most readily cited by judge jaime and what pink a does seem to say is that the fact you know one should look at the factors quote neutral and might actually have been somewhat in favor of relief factor for i think he ascribed some of the delay to bad juju lack of good faith as we discussed this we might agree that that really fits more easily under three what really happened here was judge jaime i think just had a very definite opinion about factor three and the question is was that the appropriate balance should should he have balanced this a little bit but he did he was the trial judge in the discharge lawsuit that was the ultimate attempted appeal and he has see both of us  th called into question the good faith but on balance this is what judge to me decided and i believe that the record indicates that the mean to keep you away from all your other great arguments so i don't have a lot of other great arguments to judge of that ok but what i hear you saying is in your view this was a decision that he had a right to make he applied the right standard he found facts as he found them if none of the facts were not supported by the rocker in some and some regard either there was evidence that was undisputed or he had to discern what this meant that was what he was an empowered to do we may not agree with it but it's within the range of acceptable conduct by a judge under the circumstances given the evidence that was  presented yes or mr i i have been practicing a long time just as mr simlins and sometimes swear i did come to arizona to be in your court there's things i might not like that you did or decisions that you issued but ultimately you have quite a bit of discretion as it judge and judge chinee was exercising that discretion again might have been different than the way you decided or i would have that it's any different when it's your mother especially in the situation where i'm six hundred miles away i've got rather issue don't seem to want to care ngs and  and i got to concern myself not only with what's going on with my mother and at that time i clarify one point yes or were you did you make the argument before a judge by me that your brothers were not arguments your position was as compelling as some of the other cases and for judge jaime not to adopt that rafa now from those other cases and to employ it in your case would be wrong and we ought to tell him that's not the way this ought to work it ought to be uniform it ought to be applied the same in various similar circumstances where there is death or whether there's an injury to a close family member and so since he didn't do that here assume that the relationship as he will does he then take into consideration the delay that was occasioned by it how many days what other activities occurred what what could have been done and wasn't done in the interim does he have a right to balance that into the equation and say ok say your mother's an important figure but you had twelve or three more days before you took any action that to me doesn't answer the you know his mind doesn't balance the same as  seems to be this the way judge jaime read the cases where he found excusable neglect the traumatic event occurred in this context in which the attorney really was prevented from doing something because it was right in front of that person and that person needed to be physically involved in care or something else that literally took their time away from the ta arguably that was not the case with you but your argument seems to be that that's the wrong focus once you find the threshold for lack of a better word you know upsetting circumstances the rest of it sort of doesn't matter and that's and that's really what judge jaime applied was was not just not the right standard is that is that a fair statement i think goes a little bit beyond that your honor ok i did in the other two cases those two individuals almost two th had additional time to get a better rd i said ok i was already at the deadline or care because i think like like judge again i'm wondering how far do we i mean we have to go pretty far to say somebody abused their discretion so if we if we get convinced that boy there is just a standard out there that doesn't make any sense an abortion you know trying to apply it then ok but if this is you know this is way my condolences i'm very sorry thank you for your k anything else that's also right in the matter submitted thank you for your very good arguments and thanks to both of you for your wonderful professionalism in a very difficult circumstance thank you thank you thank you thank you