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An appeals court on Tuesday dismissed former President Donald Trump’s eldest daughter from a civil fraud lawsuit brought last year by the attorney general of New York, saying the case was filed too late.

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Last year, New York Attorney General Letitia James filed a lawsuit against the Trump Organization, Trump and three of his adult children — including Ivanka Trump — claiming they lied to lenders and insurers for years to get more favorable terms.

In the lawsuit, James is seeking $250 million in damages and asking a court to bar the Trumps from running businesses in New York.

New York attorney general sues Trump, his children for fraud

In a unanimous decision handed down Tuesday, the Appellate Division of the State Supreme Court in Manhattan found that claims against Ivanka Trump were filed too late. The five-judge panel further determined that claims from before July 13, 2014, or Feb. 6, 2016, were too old to pursue, depending on the defendant.

In a statement obtained by CNN, James’ office said Tuesday’s decision did not change the facts of the case.

“There is a mountain of evidence that shows Mr. Trump and the Trump Organization falsely and fraudulently valued multiple assets and misrepresented those values to financial institutions for significant economic gain,” the statement read.

“This decision allows us to hold him accountable for that fraud, and we intend to do so.”

Read the full decision from the appellate court

Christopher Kise, an attorney for the former president, told The New York Times that the appellate court’s decision was “the first step toward ending a case that should have never been filed.”

“The correct application of the law will now limit appropriately the previously unlimited reach of the attorney general,” he said. “We remain confident that once all the real facts are known, there will be no doubt President Trump has built an extraordinarily successful business empire.”

Trump previously denied any wrongdoing, framing James’ lawsuit as part of a widespread, politically motivated witch hunt.

The case is set to go to trial on Oct. 2, according to Reuters.