initially this is a case that started out essentially of a boat sale or roughly twenty seven thousand dollars enough in a personal judgment against my clients collectively fraud that the court found those without any evidence of an apparent agency relationship that that testimony would have had come from the purported principle the court excluded crucial evidence of the corporate status of three rivers more resources it should be noted that came actually contradictory by the same the wolves who at one point testified that they only dealt with wrist they believe christmas island of zero and that at maybe one occasion when chris was around every show where the the poor found an agency relationship based on the fact that they that central agent had an office in this three rivers marine office they showed a fax and that there were no sides in dignity that they were not affiliated in other words that three rivers just had a sign identifying three rivers testimony at trial was that in fact central agent had a internet site which d but what happened is at no time was there any finding of any discovery violation push it for the first time i saw in one of counsel's brief the use of the word or the section the supreme court ruled to one  twenty two violation was was improper in a lot of ways including as i laid out in my brief the fact that i'm just very face and the proof of the put it it's a seventy dollars plus judgment this is a case that beyond the fifty thousand dollars minimal jurisdictional so for that reason the ones i just i don't i don't believe that the pork utilize rule could twenty two properly the is not a consumer within the meaning of the statute we raised and pleaded a form with clean hands so that they could ask the court for assistance in fact that was contrary to what had taken place throughout the series of events at no time did  pantra and we asserted as an affirmative defense that marion berry never had any contractual relationship with the partners or all written earlier was absolutely not all that the gist of all this is that affirmative offenses went unanswered and last week i opened up with this and i who cooled with the point that we're dealing with now essentially as i said about a twenty seven thousand dollars boat sailed now it's over seventy thousand  call three rivers marina there's an important distinction to be made here you know he is confused and also three rivers marina's services and was involuntarily terminated his as a corporation in two that it was three river service at the three rivers marina services mean i didn't voluntarily terminate by the secretary of state the answer in response to both of those was in it so the status of the case and i thought the argument based on the pleas was i thought that i was suing harry mary ross a locus in their individual capacity because that's what the please show now in this particular case my  without making any distinction between three rivers marina and christopher ross a low post told them here's the boat i don't do the boats they also have to talk to press so they that that there is an obligation and the duty of the hospital if they want to avoid the issue of fairness already to publish a disclosure to the patients coming in that the physicians or independent contractors business central asia name was not associated with three rivers running subsequent to that my clients purchased the vote for twenty six thousand seven hundred dollars the boat was owned by sanford the us mr so that was all part of the facts and then this is part of the affirmative defenses because i'm not quite certain how one goes about mitigating damages at all and the facts were in the record when five thousand dollars and at the same time you receive the bill from three rivers marina for the repair work be done on the bug to make it ready for six which he provided them four thousand  from the sale of the remaining money disappeared and my clients received the vote without trial subsequently in this process they saw this lawsuit with regard to the double recovery i have to say that office his phone call answered and the information given and harry unmarrieds actions indicating that he was part of the marina and the lack of any indication whatsoever that christopher that not only service folks by the book slips but souls and that the sale was involved with regard to all that and that they all gain mutual benefit from the sales and the services that they were holding up in the what we're harry and mary fresh off was doing at all times cultural suggestion that they were doing business as well that's that's interesting because if they were doing business as free reverse as they've always question posed the point of this whole thing is innocent or not remember the group while it was interesting because it came up a trial because they had an accounting service that provided them information right about contemporaneous with that time and that's when i first received the information from my clients and that's what i tendered at the core or dented and they did have that information that was through a separate account of which i