conflict or you know but i shouldn't have been the judge without this you know without this disclosure was out of place approval i should not have tried this case i'm effectively recusing myself after the fact which is what  question about whether his findings of fact were forged now you're saying it seems to me that they are i don't think i don't think that's why maybe a new judge couldn't adopt i don't think i think well if they're not going to be significant if the new judge accept the defendants group of defendants have cited is case where one judge bates and finally back then another judge for no apparent reason became assigned a case that second judge entered a ruling of judge dimond was that there are no findings that you know that he vacated his august sixteen or so of those findings disappear the judge in order disappears nobody has a judgment against anybody else they're time to amend or modify his judgment he makes it disappear but now we have we're we're back to square one i suppose and that was undoubtedly in question mary determination or decision or action by judge diamond and what judge little did was to reverse that discretionary work and he'd simply and i'll respect bo he says i'm not going to enter final judgment or i'm referring to the case to the chief test for for whatever action and for the proceedings as are necessary so you chief judge what would you do it so then that order becomes final fact judge schilens august twentieth two thousand and twelve or was to in effect france decatur manor a new trial judge little when he was appointed the successor judge had the opportunity to decide whether a new trial was warranted whether it was those circumstances is that probably not because i think there's a very important distinction in the proposition that you would suggest you would have actually had some piece or ruling that was actually made by judge time during course of the trial i think you probably could but i think that the caterer manner would have a stronger argument in that context because they'd be pointing to some actual question or ruling or comment or behavior on the part of judge time and that would have suggested you know i'm i'd like to use the line about paid two hundred thousand dollars to fix the problem and one was independent so it's not where the factual circumstances were difficult and they were decatur manors own witnesses there was  was a basis for judge to me to enter that order and i think he took a look at the record and if you look at how ten us the suggestion is between impartiality and the representation of someone in our firm not myself you're making all the practical arguments with would be better for for everybody to not spend any more money on this case to go away and rely on what we have available to us but i don't understand how you do that when somebody asks for a what's fair the first is what does the record me i certainly had cases where an expert irritated the hell out of me and that may have had that may have colored i view their testimony i'll be honest judgment which was the credit should have been applied up as opposed downward the original terms stated that there was a fifteen thousand dollars liability has two of which flow downhill through sure it's and was charged again and i understand that this is this is far out in orbit your honor in terms of the terms of what's in terms of a procedural matters however plaintiffs and your words have some discussion about whether judge dimond should have done what there were not was that just time to make the wrong decision i think the court addressed that in some of the questioning how my point is could have spent days and days studying the transcript of the trial the record you know the pleadings and the evidence near enough and maybe determination but that he would not have heard any witnesses that that is really a violation of than having one clean record happened haven't the potential appearance of impropriety and if we have to try this case again we transfer case again that's better than anybody look