instruction:
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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
this petition for prohibition. Petitioner is mistaken in an essential respect. Although he characterizes his challenge as involving subject matter jurisdiction, he is mistaken. There can be no dispute that the circuit court has subject matter jurisdiction over cases involving dissolution of marriage. See § 26.012(2)(a), Fla. Stat. (2006) (circuit courts have original jurisdiction in all actions at law not cognizable in the county courts). The fact that petitioner wishes to dispute in the pending dissolution action is whether there was any marriage at all to dissolve. An attack on the validity of an alleged marriage has nothing to do with subject matter jurisdiction but is simply an issue to be determined in the dissolution action. See Marden v. Marden, 276 So.2d 493 (Fla. 4th DCA 1973) (<HOLDING>). It is true that a petition for a writ of 
 Holding statements: (A) holding that there was a genuine issue of material fact precluding summary judgment (B) holding that standing existed (C) holding that in an action brought by alleged wife for permanent alimony suit money attorneys fees and restraining order an issue of fact existed concerning whether a commonlaw marriage existed thus precluding summary judgment (D) holding that material issue of fact existed concerning whether employer orally promised to discharge employee only for cause (E) holding that it was not an abuse of discretion for the court to deny an award of attorneys fees to the wife
answer:
holding that there was a genuine issue of material fact precluding summary judgment


question:
Trimble v. Asarco, Inc., 232 F.3d 946, 955 (8th Cir.2000). This decision strongly suggests that, in pertinent circumstances, conversion of a motion to dismiss into a motion for summary judgment is, as Home Products suggests, “automatic.” However, it also suggests that the proper procedure is for the district court expressly to “convert” a motion to dismiss into one for summary judgment. See id. (concluding that the district court had not followed the proper procedure, because it had not converted the motion). However, the decision also suggests that whether or not application of summary judgment standards is appropriate ultimately depends upon whether the parties were provided with adequate opportunity to address the merits of the motion according to summary judgment standards. See id. (<HOLDING>). A slightly earlier decision of the Eighth 
 Holding statements: (A) holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them (B) holding that appellate review under summary judgment standards was appropriate where the district court despite its procedural error provided the parties with a full opportunity to present all pertinent materials outside the pleadings regarding the issue of response costs and the parties created a complete record on the issue (C) holding issue not properly before the appellate court where appellant fails to demonstrate where in the record an issue was raised in the district court (D) recognizing that the specific argument regarding an issue must be made in the trial court to preserve that issue for appellate review (E) holding that an appellate court has discretion to consider an issue not argued by the parties
answer:
holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them


question:
concluded that 11 U.S.C. § 106(c) does not permit an award of money damages against the IRS for violating the automatic stay of 11 U.S.C. § 362(a), the court examines 11 U.S.C. § 106(a) and (b) for authority to support the judgment of the bankruptcy court. Section 106(a) and (b) addresses to what extent the government is deemed to have waived its sovereign immunity in bankruptcy proceedings when it pursues a claim against a debtor. Subsection (a) “provides for ‘affirmative recovery/ including money judgments,” but only in limited circumstances. Hoffman v. Connecticut Dep’t of Income Maintenance (In re Willington Convalescent Home, Inc.), 850 F.2d 50, 54 (2d Cir.1988), aff'd, 492 U.S. 96, 109 S.Ct. 2818, 106 L.Ed.2d 76 (1989) (citations omitted); see also Inslaw, 113 B.R. at 812-13 (<HOLDING>). The waiver of sovereign immunity under this 
 Holding statements: (A) holding that the fourth amendment does not mandate the payment of money by the united states (B) holding that the doctrine of sovereign immunity barred a claim for money damages against the librarian of congress in his official capacity because immunity had not been waived and the exceptions to immunity did not apply (C) holding that the united states department of justice waived its immunity from money damages under subsection a (D) holding that exhaustion is required under the plra even if the plaintiff seeks only money damages and money damages are not available as relief (E) holding a claim for injunction but not money damages against a state officer for a violation of the age discrimination in employment act enacted under article i section 8 of the united states constitution was not barred by sovereign immunity under the ex parte young exception
answer:

holding that the fourth amendment does not mandate the payment of money by the united states