said now i really don't want to do that so they set up a mediation they went they had a mediation session they hired a special mediation mediator a gentleman retired from the banking industry they met try to solve this issue long before it ever got to court and at that session oh only she was a little adamant she needed a little bit of money for the lease there were some other issues he didn't want then and didn't want to pay for the last month he wanted to be let out the bought his house in order to live in this house and things got a little heated in  the tenant says the landlady he says you know i'm going to go home i'm going to go back and i'm going to mess things up with this house and i've already got the city inspector coming on the way as we did  back in front of the judge may for eight months later the order to get his ruling three hour damaged and then mysteriously the judge denies the fees which were specifically provided for in the release with the statement that there's no proof that the attorneys fees are paid and then that they didn't forward with professional rule of conduct one point five  what evidence or value this is a sworn statement preceding a trial having the trial thousand dollars isn't worth my first question isn't it correct i don't believe that the judge said that the record is silent quote there's also a pervert two thousand dollars  that all these hearings he had done in front in front of the judge presiding over a three hour trial the judge presided over a previous hearing on a motion to dismiss so you're saying you think you observed each time we were in court and at the same time on the motion to reconsider we did request the opportunity to preside to provide that prove up in order to be able to correct your honor however when looking at the issue of the statements that the judge made when he denied the fees will one point five c which doesn't offer i had as well as whether you need to present them in this way or you need to present them in this way as opposed to stating that because you've bided no evidence that they're paid and so they are presumptively reasonable or are you having or that or should approve the trial right is that an abuse of his discretion but in this matter judge it's a matter of contract within the lease where the least specifically provided her reasonable attorney's fees that's how the parties had agreed and the argument is that the court should give weight to the agreement to the parties but it is a question of what that amount should be then that's a separate question of whether those attorney's fees should be awarded typically judge what we do in champagne county is we have an even action trial we have a small claims trial and often the issue of fees then at the end of it is reserved this point we had a trial in august we don't get a ruling until may we're given the opportunity to request that the issue of peace be reserved the judge simply denying them hand in order to give effect to the meaning of the lease the provision of the lease it provides for attorney's fees then we could have said mr pique is entitled to some fees are his his client is entitle to reimbursement for some fees and it's just a matter of determining what those fees while it didn't provide to the question of how much those attorney's fees were we do believe that the trial judge was in error by denying those fees and denying those fees for the reasons that they didn't support the tendency to rule and also then they didn't misapplication lawyer because it was a question pointed out which is our argument brief while the contract or the lease may very well have provided for attorney's fees and those very well may have been appropriate it didn't fees i think that the case law is clear and would submit that the case law is clear that in order to have reasonable attorneys fees awarded that there has to be some showing of the time spent complexity of the case  secondly on there was a question did he serve the right to come back for the opportunity to come back or piece i believe the record silent as to that as well there was no such request and what the court or what the plaintiffs is requesting the court here to do in a motion to reconsider is we know we didn't get the evidence necessary here in order to prove our damages a trial we would like a rehearing on the evidence now and we submit that you don't get two bites if you have  should at least have been formed by the judge for these be denied for the right reason where the trial judge again has stated out of left field that they're being denied for the failure to comport with the contingency rule and they are being denied because they are presumptively reasonable doubt there's no evidence that they've been paid i think those are simply just the