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: entered an order finding probable‘cause that the property was used to facilitate the commission of a felony. Although Flagg’s atto ation of a discovery order will constitute an abuse of discretion where the trial court fails to make express written findings of fact supporting the . conclusion that the failure to obey the court order demonstrated willful or deliberate disregard. Express findings are required to ensure that the trial judge has consciously determined that the failure was more than a mistake, neglect, or inadvertence, and to assist the reviewing court to the extent the record is susceptible to more than one interpretation. Ham v. Dunmire, 891 So.2d 492, 495-96 (Fla.2004) (citing Tubero, 569 So.2d at 1273); cf. Ledo v. Seavie Resources, LLC, 149 So.Sd 707 (Fla. 3d DCA 2014) (<HOLDING>). In this case, Flagg filed a motion to set 
 Holding statements: (A) 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 (B) holding because defendant does not argue in his brief that these findings of fact are not supported by    evidence in the record this court is bound by the trial courts findings of fact (C) holding that where the record plainly reflected ledos willful and deliberate disregard of the courts repeated orders to respond to interrogatory requests the trial courts failure to provide written findings of fact in its order striking ledos pleadings did not require reversal (D) 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 (E) holding that erroneous findings of fact not necessary to support the judgment of the court are not grounds for reversal

SOLUTION: (C)

PROBLEM: defense, or a development in the controlling law that foreclosed the claim. The record here betrays no significant change in circumstances prior to trial that reasonably should have caused the plaintiffs to conclude that their claims were no longer viable. In fact, the most notable development in the case prior to trial sent a contrary signal: the court denied the Mayor’s post-discovery summary judgment motion as to the plaintiffs’ central political discrimination claim. While the fact that a claim has survived summary judgment is not, on its own, “entitled to decretory significance,” Foster, 943 F.2d at 144, it has some value in determining whether a claim was or became unreasonable or without foundation. See id.; Walker v. NationsBank of Fla. N.A., 53 F.3d 1548, 1559 (11th Cir.1995) (<HOLDING>); Jensen v. Stangel, 762 F.2d 815, 818 (9th 
 Holding statements: (A) holding that district court abused its discretion in finding suit unreasonable and groundless where inter alia the court had denied two prior summary judgment motions (B) holding district court abused its discretion in admitting state court findings of fact (C) holding that the trial court grants or denies motions for summary judgment on the basis of what is contained in the motions for summary judgment and the responses thereto (D) holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint (E) holding district court did not abuse its discretion in ruling on summary judgment motion where inter alia plaintiff had been given repeated notices court intended to rule on motion and it was plaintiffs burden to rebut defendants evidence

SOLUTION: (A)

PROBLEM: was merely a voidable act. They rely on Sikes v. Global Marine, Inc., 881 F.2d 176 (5th Cir.1989), rehearing denied by 888 F.2d 1388 (5th Cir.1989), in which the Fifth Circuit found that the filing of a complaint in violation of the stay was voidable but not void. Id. at 178-79. The court reasoned that provisions of the Bankruptcy Code such as section 362(d), by giving courts the power to grant retroactive relief from a stay, indicated Congressional intent that acts in violation of a stay be simply voidable. Id. Spring Meadows, however, urges us to adopt the rule of the Ninth Circuit that any act committed in violation of an automatic stay is void. Hillis Motors, Inc. v. Hawaii Auto. Dealers Ass’n, 997 F.2d 581, 586 (9th Cir.1993); In re Schwartz, 954 F.2d 569, 571-72 (9th Cir.1992) (<HOLDING>). The circuit court found such acts void even 
 Holding statements: (A) recognizing that any action taken in violation of the automatic bankruptcy stay is void and without effect (B) holding that violations of the automatic stay are void and rejecting the reasoning of sikes (C) holding judgment in violation of automatic stay void (D) holding that the automatic stay did not bar the filing of a proof of claim where the debtor actively litigated a separate action during the pending bankruptcy proceeding because to permit the automatic stay provision to be used as a trump card played after an unfavorable result was reached  would be inconsistent with the underlying purpose of the automatic stay (E) holding that an action taken in violation of the automatic stay is void ab initio

SOLUTION:
(B)