a said and up at the hearing i called up to call them on it that was really a false statement mr humphrey must hear agreed that he had actually taken the view under twelve ninety five but then pushed on and said that the you of x amount of dollars for prescription interest yes john appendix page one motion was for prejudgment interest has to be made underwater fifty nine and up stairs of twenty eight day limit i'm not going about the merits of your argument on the field here i'm talking about whether sure i can get those merits because there remains a dispute over the amount of pre judgment interest and therefore that decision of his whether right or wrong whether he had jurisdiction to make it or not i think is just not  we've had this discussion much ourselves i've had a discussion with counsel or here about the issue the fact of the matter is had we not appealed when we did and gone later in there and then just gone through all the sort of pointless motion practice at  order under twelve i need to see are you i am i'm not arguing anything other than that this is a twelve point five appeal and it is a it is the supreme court says that this is a well fifty nine motion and because  to eat it's twelve ninety five and twelve twenty five it was over two years ago that's that's the law the supreme court says but this is a rule fifty nine emotion and it was made after twenty eight days and therefore they're not entitled to make the motion but it still means that any opinion of the district or on that if you know any motion has to be a final opinion and judgment before it can in the appeal to us it's in otherwise your position it is as long as there's a final judgment and any post judgment motions can be appealed even if they're not final and that can't be the law well what is the law your honor is that those was as final as it has to understand your concern are over wanting to preserve your right of appeal and you've surely done that now and so you don't i mean while it cost your client a lot of money and you're only two hundred thousand dollars apart in your actual pre judgment interest fight if you have nothing less done it because if we rule that this isn't right yet and therefore there's no jurisdiction then we have surely guaranteed and eliminated their future ability to say it should have been a fuel per liter and you're now time right so if even if you lose now you win if your concern is if we didn't appeal it now later they would say we should i think we did say that there was a lack of jurisdiction in our briefs your honor perhaps we could have been more clear about the fact that the pre judgment interest was not quantified the fact remains that it isn't and so as a result there is no final order and the parties are quite a ways apart so the reason why you wouldn't want to allow an order like this to be appealable is because then you could have a subsequent appeal over the mouth once the district court actually rules on it so there is no jurisdiction because the amount of interest hasn't waving any disputes on this issue if they didn't take the pill now in fact we told them converge when they took this a bill that we didn't think that was sure stiction so we think the appeal should be dismissed for jurisdiction we completely agree not i appreciate quite really truly appreciate everything you said i think that it was a very good thing for you to have said because now it's on the record and clearly you can't later dispute magician will stop over they have the right to appeal it right it's the right because i wasn't a party to this discussions but my understanding is that my colleagues did communicate to them and also we had a status conference of the district court where we were discussing the pending motion for and against damages in this appeal cannot and we did say to distort court that there was no jurisdiction least i see your subject matter since although they're a little bit more about whether damages have been determined and whether interest that actually has been filed in order right we did not move to dismiss that we noted that your sexual issue i think in our in our docket statement or signature section so i christmas there's little tom just a little bit on my discussions were with mr cain and not mr countryman over this issue in amongst ourselves we decided that the better course was to just go forward with the appeal from the