TASK DEFINITION: In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
PROBLEM: and, therefore, uninformed. We cannot agree. There is no statement of personal knowledge by the executrix stating whether Burnett consulted with legal counsel prior to executing the CSA or Guaranty. Plaintiff certified JTB, Inc. defaulted under the CSA and provided the documents supporting entry of judgment against it. JTB, Inc. never challenged the action or the relief sought. Proof of the Guaranty and its execution by Burnett was also provided to support judgment under the cognovit provision. Moreover, the Guaranty is clearly written and its waiver provisions are boldly identified, as is the confession of judgment clause. Importantly, plaintiffs action was based on the Guaranty, not the terms of its CSA with JTB, Inc. See Tam Enters., supra, 369 N.J.Super. at 59, 848 A.2d 27 (<HOLDING>). Further, the provision contains a succinct 
 Holding statements: (A) holding that selfserving deposition testimony standing alone is insufficient to survive a motion for summary judgment (B) holding a guarantee of a note that contains a cognovit provision alone is insufficient to permit confession of judgment against the guarantors (C) holding that notice of judgment was insufficient (D) holding that a confessed judgment was not enforceable against a corporate president who individually guaranteed payment of corporate note signed by him in his capacity as president and which authorized confession of judgment (E) holding that adverse inference alone insufficient to support a motion for summary judgment

SOLUTION: (B)

PROBLEM: of judgment); Fed.R.CivJP. 62(a) (requiring prevailing parties to wait until ten days after the date on which a judgment is entered before they may execute on a judgment); Fed.R.App.P. 4 (requiring that a notice of appeal must be filed within thirty days after the date on which a judgment is entered). The Advisory Committee Notes on Rule 58 bolster this conclusion. Those notes state that the rule is designed to eliminate uncertainties about precisely when a court rendered a judgment. Such uncertainties had arisen in contexts analogous to the one in the instant case, where courts wrote opinions or memoranda “con 2d 940, 942 (5th Cir.1987) (discussing the Advisory Committee’s concern with eliminating uncertainties); Duffer v. American Home Assurance Co., 512 F.2d 793, 799 (5th Cir.1975) (<HOLDING>). See generally 11 Charles A. Wright, Arthur R. 
 Holding statements: (A) holding that a trial courts judgment must comply with the statutory requirement that the judgment contain written findings of fact and conclusions of law (B) holding that the trial courts oral expression in open court of its future intention to render a judgment was not itself a judgment but rather the trial courts written findings of fact and conclusions of law were its judgment (C) holding that although trial courts oral opinion may be used as a reference in the interpretation of its written findings of fact it is not a finding of fact (D) holding that the trial courts oral pronouncement must conform to the written judgment (E) holding that motion accepting judgment but requesting findings of fact and conclusions of law was not directed against the judgment

SOLUTION: (B)

PROBLEM: See Fla. R. App, P. 9.030(b)(1)(A); Office of the Public Defender v. Lakicevic, 215 So.3d 112 (Fla. 3d DCA 2017) (treating an order denying the public defender’s motion for a protective order from a third-party subpoena duces tecum for deposition as a final order reviewable on appeal, rather than via a petition for writ of certiora-ri). We consolidated Wadsworth's appeal with the two' petitions, and, because we are quashing the subject order, we dismiss, as moot, Wadsworth’s appeal in case number '3D17-1527. We need not, and therefore do not, reach the perplexing issue of whether it is a better practice for a non-party to seek appellate, father than certiorari, review of a final discovery order, 7 .. see Marlin v. State Farm Auto. Ins. Co., 761 So.2d 380, 381 (Fla. 4th DCA 2000) 
 Holding statements: (A) holding that insured may recover from its insurer any attorney fees incurred in successfully attempting to force the insurer to defend an action against the insured (B) holding that if counsel retained by an insurer acts as an investigator and not as an attorney then the communications between the insured and insurer are not privileged (C) holding in the context of an attorney malpractice suit an insurance company is not vicariously liable for the acts of the attorney it selects to defend the insured while the insurer selected the attorney to defend the insureds and controlled the ultimate decision to settle or defend under the policy there is nothing in the record to indicate the insurer had any control over the details of the litigation as it was being conducted by the the attorney (D) holding that where the insurer retains an attorney to represent the insured pursuant to an insurance policy the attorney acts in the capacity of an independent contractor for the insured (E) holding that an insurance policy providing that the insurance company would pay all reasonable expenses incurred by the insured at our request emphasis omitted did not establish an agreement that the insurer would cover attorney fees and costs to the insured in a declaratory action

SOLUTION:
(D)