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. 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.
question:
the trial court erroneously classified property as marital when in fact it was non-marital, the question becomes what relief, if any, this court ought to grant. “The erroneous characterization of property requires reversal of the order dividing marital property if the error materially impacts the overall distribution of the marital property.” Halupa v. Halupa, 943 S.W.2d 272, 278 (Mo.App. E.D.1997). Here, by our calculation, the difference in the calculation is roughly five thousand dollars. The trial court awarded to each party a percentage of the property based on their respective contributions. The trial court was free to conclude that Wife was entitled to a share of the value of the home due to her significant contributions. Moritz v. Moritz, 844 S.W.2d 109, 112 (Mo.App. W.D.1992)(<HOLDING>). Because the property was not transmuted, it 
 Holding statements: (A) holding that a nonowning spouse is entitled to some benefit when marital funds are used to improve nonmarital property (B) holding that a trial court may find that a nonowning spouse is entitled to some benefit by reason of marital funds having been used to pay off debts on the owning spouses nonmarital property (C) holding that home purchased with separate funds and titled in one spouses name was transmuted into marital property because home was used as marital residence and the other spouse contributed to payments and repairs on home (D) holding that clear language in one portion of a later may cause ambiguity in another portion to dissipate (E) holding that one spouse may be entitled to a portion of the equity in home purchased with nonmarital funds
answer:
(E)


question:
then the trial court erred in allowing prejudgment interest to accrue on that sum at 10% per annum “[bjecause no prejudgment interest statute applies to this case.” Assuming arguendo that their argument was true, then the answer to the problem is found in their own brief. They acknowledge that the prejudgment interest scheme established under § 304.101 et seq. of the Texas Finance Code applied if no other statute did. See Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 530-31 (Tex.1998) (dealing with Texas Revised Civil Statute art. 5069-1.05, § 6(a), the predecessor to § 304.101 et seq. of the Texas Finance Code). And, at the time of judgment, see Natural Gas Clearinghouse v. Midgard Energy, Co., 113 S.W.3d 400, 414 (Tex.App.-Amarillo 2003, pet. denied) (<HOLDING>), prejudgment interest accrued at the rate of 
 Holding statements: (A) holding that once a rate is filed with the appropriate agency except for review of the agencys orders the courts can assume no right to a different rate on that ground that in its opinion it is the only or the more reasonable rate (B) holding that the applicable rate is that in existence at the time of judgment (C) holding that in order to qualify as newly discovered evidence the evidence must have been in existence and hidden at the time of judgment (D) holding that the penalty is applicable (E) holding that the proper rate for prejudgment interest is the rate fixed by the parties in a contract
answer:
(B)


question:
addressed in Devlin and City of San Benito applies to shareholders who object to the settlement of a derivative suit in the trial court, deeming them to be parties who may appeal. In City of San Benito, the supreme court explained that an appellant is a deemed party under the doctrine when it meets three requirements: (1) it is bound by the judgment; (2) its privity of estate, title, or interest appears from the record; and (3) there is an identity of interest between the appellant and a party to the judgment. 109 S.W.3d at 755. The supreme court went on to recognize that the most important consideration is whether the appellant is bound by the judgment. Id,.; cf. BASF FINA Petrochem. Ltd. v. H.B. Zachry Co., 168 S.W.3d 867, 870-71 (Tex.App.-Houston [1st Dist.] 2004, pet. denied) (<HOLDING>). Here, Lapiner meets all three requirements of 
 Holding statements: (A) holding that appellant complied with rule 3as requirement to designate the judgment or order appealed where it was clear from the face of the notice of appeal which judgment appellant sought to appeal (B) holding that appellant waived the issue on appeal by not raising it in its opening brief even though the lower courts decision was based on that point (C) holding that because appellant did not become a party by intervention before judgment was rendered appellant may not extend the time to appeal by filing a motion for new trial (D) holding the nonparty had standing to appeal because it was bound or adversely affected by an injunction (E) holding that appellant had standing to appeal because it was bound by the judgment even though it did not meet the second requirement
answer:

(E)