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: fees for tax years 1995 through 1999, the parties stipulated that judgment was sought against Connie Ogg in rem only. 3 . Although it has been amended several times since its enactment in 1985, section 33.011 has always provided a process for a taxpayer to request a waiver of penalties and interest if the act or omission of an officer, employee, or agent of the appraisal district or taxing unit caused or resulted in the taxpayer’s failure to pay the tax before delinquency. See Tex. Tax Code Ann. § 33.011 (Vernon 2001). Here, the trial court stated in a finding of fact that the Oggs did not request a waiver of penalties or interest pursuant to section 33.011. The parties do not challenge that particular finding of fact. See McGalliard v. Kuhlmann, 722 S.W.2d 694, 696 (Tex.1986) (<HOLDING>). 4 . Act of May 24, 1979, 66th Leg., R.S., ch. 
 Holding statements: (A) holding unchallenged findings of fact are binding unless contrary is established as matter of law or there is no evidence to support finding (B) holding that unless an affirmative defense is established as matter of law defendant bears burden of obtaining jury findings necessary to support defense (C) holding that findings of fact are conclusive if supported by clear and convincing competent evidence even where the evidence might support contrary findings (D) holding that judgment on the pleadings will not be granted unless the movant clearly establishes that there are no material issues of fact and that he or she is entitled to judgment as a matter of law (E) holding that motion to dismiss should not  be granted unless the moving party has established that there is no material issue of fact to resolve and that it is entitled to judgment in its favor as a matter of law

SOLUTION: (A)

PROBLEM: absence of any effort to serve Bustos with a summons or a complaint, the Receiver cannot claim substantial compliance with Rule 4. The Receiver’s failure even to attempt to comply with Rule 4 is no “minor defect,” United Food & Commercial Workers Union v. Alpha Beta Co., 736 F.2d 1371, 1382 (9th Cir.1984), that can be remedied by actual notice. More importantly, the difficulty here runs deeper than mere insufficient service of process. The Receiver never filed a complaint and never named Bustos as a party. In other words, the Receiver never commenced an action against Bustos, see Fed. R. Civ. P. 3; it simply named Bustos in a motion for the disgorgement of allegedly ill-gotten gains earned through the sale of unregistered securities. See In re Alpha Telcom, 2004 WL 3142555, at *1 (<HOLDING>). Prior to Bustos’s intervention in the action, 
 Holding statements: (A) holding pursuant to bankruptcy rule 7004b9 that because the creditor mailed the complaint and summons to the debtors attorney and to the address listed in the debtors bankruptcy petition service of process was sufficient even if the debtors were out of the country and did not actually receive notice of the complaint and summons (B) holding that the court lacks jurisdiction where a complaint was filed more than 30 days after the filing of the summons (C) holding that a title vii cause of action is limited to those discrimination allegations in the complaint that have been under the scrutiny of a formal eeoc complaint (D) holding that a formal summons and complaint were unnecessary because the motion before the court is not an independent action (E) holding that service of a statecourt summons and complaint after removal to federal court is valid service

SOLUTION: (D)

PROBLEM: 238 (2) (367 SE2d 786) (1988). 41 Lawyers Title Ins. Corp. v. Griffin, 302 Ga. App. 726, 730 (2) (b) (691 SE2d 633) (2010) (punctuation omitted). 42 Id. at 731 (2) (b) (punctuation omitted). 43 Fla. Int’l Indem. Co. v. Osgood, 233 Ga. App. 111, 115 (3) (503 SE2d 371) (1998) (punctuation omitted). 44 Griffin, 302 Ga. App. at 731 (2) (b) (punctuation omitted). 45 See Roland v. Ga. Farm Bureau Mut. Ins. Co., 265 Ga. 776, 778(2) (462 SE2d 623) (1995) (affirming trial court’s directed verdict in favor of insured on coverage claim but, nonetheless, also affirming court’s directed verdict in favor of insurer on insured’s bad-faith claim in light of the fact that insured’s coverage, despite ultimately succeeding, was based on a doubtful question of law); Griffin, 302 Ga.App. at 731 (2) (b) (<HOLDING>); Assurance Co. of Am. v. BBB Serv. Co., Inc., 
 Holding statements: (A) holding that because insurers nonpayment was based on contention that insured did not have a covered loss under the policy because the value of the property was the same regardless of whether it was serviced by an easement nonpayment was reasonable and not subject to a badfaith claim (B) holding that regardless of the subjective belief of the insured the record established a basis to believe that the insured had committed an act that could give rise to a claim under the policy (C) holding that an insurers obligation to defend an insured was a property interest subject to prejudgment attachment (D) holding in a case involving a multiplevehicle policy that a new offer of uninsured motorist coverage was not required for the addition of a new vehicle which was comparable to the renewal or supplementation of an existing policy events that did not trigger the statutory requirement of a new offer the courts holding was based in part upon the principle that an insurance contract is personal to the insured because it insures the risk of loss to the insured and does not attach to specific vehicles (E) holding that the employer was not the insurers agent

SOLUTION:
(A)