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.

Q: constructive, or judicially imposed lien, or (4) asserted against real or personal property. See Tex. Gov’t Code Ann. § 51.903; Cardenas v. Wilson, 428 S.W.3d 130, 132 (Tex. App.Houston [1st Dist.] 2014, no pet.) (noting that 51.903 inquiry into mechanic’s lien determines only that mechanic’s lien is provided by Texas law, not whether the underlying mechanic’s lien was valid). If the motion requires greater inquiry, then it is a motion for declaratory judgment. See Tex. Civ. Prac. & Rem. Code Ann. § 37.004(a) (West 2015); State Bar of Tex. v. Heard, 603 S.W.2d 829, 833 (Tex. 1980) (“We look to the substance of a plea for relief to determine the nature of the pleading, not merely at the form of title given to it.”); Nguyen, 2016 WL 2343893, at *2 (citing Becker, 2010 WL 877569, at *2-3 (<HOLDING>)). A motion for declaratory judgment must be 
 Holding statements: (A) holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion (B) holding motion requesting more relief than section 51903 provides was motion for declaratory judgment (C) holding that motion accepting judgment but requesting findings of fact and conclusions of law was not directed against the judgment (D) holding that substance of motion to extend time was a section 1301f motion rather than a section 1301g motion and that trial court did not abuse discretion in denying the section 1301f motion (E) holding that the courts denial of either a motion to dismiss or a motion for summary judgment is not a final judgment and is not reviewable 

A: (B)
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Q: that Nusspickel was guilty of the aggravated battery charges even though the jury convicted her on each charge of the lesser-included offense of simple battery and (2) misconduct that had not been charged and proved relating to her alleged contact with one of the victims after the charged incidents. She also asserts that the State cannot carry its burden to show that the judge did not rely on these impermissible considerations. Generally, the trial court’s imposition of a sentence that is within the minimum and maximum limits set by the legislature “is a matter for the trial Court in the exercise of its discretion, which cannot be inquired into upon the appellate level.” Shellman v. State, 222 So.2d 789, 790 (Fla. 2d DCA 1969); see also Booker v. State, 514 So.2d 1079, 1082 (Fla.1987) (<HOLDING>); Darby v. State, 216 So.2d 29, 30 (Fla. 3d DCA 
 Holding statements: (A) recognizing that we review the sentence imposed by a district court under the abuse of discretion standard (B) holding that a sentence imposed for a violation of supervised release will be upheld where 1 the district court considered the applicable policy statements 2 the sentence is within the statutory maximum and 3 the sentence is reasonable (C) recognizing that this court and the united states supreme court have embraced the notion that so long as the sentence imposed is within the maximum limit set by the legislature an appellate court is without power to review the sentence (D) holding that an appellate court has no jurisdiction to review a sentence imposed by the trial court that is within the limits prescribed by statute which is not the result of oppression prejudice or corrupt motive (E) holding statutory maximum for prior conviction is the potential maximum sentence defined by the applicable state criminal statute not the maximum sentence which could have been imposed against the particular defendant  according to the states sentencing guidelines

A: (C)
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Q: defenses listed in Rule 12 because of the absence in Rule 12 of any reference to either a general or special appearance and the express provisions in subdivision (b) to the effect that every defense may be made either in the responsive pleading or by motion, and that no defense or objection is waived by being joined with any other defense or objection in a responsive pleading or a motion. 5A Wright & Miller at 168 (footnotes omitted). The defense of lack of jurisdiction over the person may be joined with the other defenses in Rule 12(b) since under the express language of Rule 12(b), “ ‘no defense’ [in Rule 12(b)] is waived by being joined with one or more other defenses in a responsive ... motion.” See Housing Auth. of City of Atlanta, Ga. v. Millwood, 472 F.2d 268, 272 (5th Cir.1973) (<HOLDING>). Hence, a jurisdictional defense is not waived 
 Holding statements: (A) holding that actual notice of lawsuit is no substitute for substantial compliance with frcp 4d1 requiring service on person of defendant on suitable resident at defendants dwelling or on defendants agent a  judgment entered by a court which lacks jurisdiction over the person of the defendant is void and may be set aside at any time pursuant to fedrcivp 60b4 personal jurisdiction is established either by proper service of process or by the defendants waiver of any defect in the service of process (B) holding that a defendant waives the defense of insufficient service of process despite asserting the defense by answer by affirmatively invoking the jurisdiction of the district court to obtain partial summary judgment without earlier or simultaneously moving to dismiss the complaint for insufficient service of process (C) holding such service satisfies due process (D) holding that defects in service of process must be raised in preliminary objections (E) holding that a party no longer needs to appear specially to protest the courts jurisdiction or question the sufficiency of process or service of process because under frcp rule 12 all such objections are assertable in an answer or motion to dismiss

A:
(E)
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