JEFFERSON CITY, Mo. (AP) — A Missouri appeals court says former Gov. Eric Greitens didn’t violate open records laws by using a message-deleting app. The Western District Court of Appeals on Tuesday upheld a lower court ruling in Greitens’ favor.

A St. Louis attorney sued Greitens in 2017 over use of the Confide app by the governor’s office.

Greitens resigned 2018 in the face of possible impeachment and allegations of sexual and political misconduct. He’s now running for U.S. Senate.

The plaintiff’s attorney told The Kansas City Star that they’ll try to take the case to the Missouri Supreme Court if necessary.