In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling

the court improperly concluded that the viability of the presumption of [section 6381(d) ] is questionable and inherently self-rebutting, such that it would be arbitrary and capricious to apply the presumption in cases where the trial court finds that it cannot determine if the parent had responsibility for the child.
overruling

see schaffer by schaffer, 74 f.3d at 731.
non-overruling

for the reasons expressed, we approve the decision in the instant case and disapprove the decision of the third district court of appeal in fernandez.

overruling