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.

Ex Input:
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

Ex Output:
(A)


Ex Input:
yet a third time under the discussion of ‘why.’ 934 S.W.2d at 457 (emphasis added). Finally, the court of appeals properly applied the Kraus factors and explained why the evidence supported the punitive damages award. Accordingly, we conclude that the court of appeals’ factual sufficiency review of the punitive damages award, despite the court’s occasional misleading language, was proper. IY. PUNITIVE DAMAGES AWARD-RECALCULATION Mobil also argues that the court of appeals erred by including, sua sponte, the estate’s actual damages in its punitive damages calculation, thereby adding $91,555.58 to the punitive damages award. We agree. A court of appeals cannot modify a judgment without a point of error asking it to do so. See Texas Nat’l Bank v. Karnes, 717 S.W.2d 901, 903 (Tex.1986)(<HOLDING>). Here, the jury charge asked the jury to 
 Holding statements: (A) holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees (B) holding merely that the evidence was sufficient to support the award of attorneys fees (C) holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees (D) holding that oncors request for the trial judge rather than the jury to determine the reasonableness of its attorneys fees and the failure to submit the question of attorneys fees to the jury resulted in a waiver of oncors claim for the recovery of attorneys fees (E) holding that the court of appeals erred in modifying the judgment to include attorneys fees when the trial courts refusal to grant attorneys fees was not the subject of a point of error

Ex Output:
(E)


Ex Input:
of the RIF, Dr. Mereish, a pharmacologist, was not conducting research at the USAMRIID but rather was on detail to the Biological Arms Control Treaty Organization. Dr. Assaad, a physiologist, was working on developing a vaccine for ricin utilizing a particular kind of antigen. His research, however, was superseded soon after he was discharged in favor of new ricin research based on a recombinant molecular construct, which is an entirely different source than the antigen upon which Dr. Assaad was focusing. Finally, Dr. Cros-land, a physiologist, was investigating bo-tulinum toxins at the time he was laid off. He was attempting to develop a cell line that would respond to botulinum toxins, in order to facilitate further research of these agents. After he was lai 1176, 1183 (5th Cir.1996) (<HOLDING>). If we failed to allow proffered 
 Holding statements: (A) holding that an employee may establish that the legitimate reason for an employment decision offered by an employer is pretextual by showing by a preponderance of the evidence either that the discrim inatory reason was the true reason motivating the employers conduct or that the profferred legitimate reason was false (B) recognizing as a legitimate reason for conducting layoffs a firms need to retain employees with the contemporary skills necessary to assimilate new technologies (C) holding that a firms decision to implement a reductioninforce to meet its budgetary goals during a business downturn was a legitimate reason for terminating an employee (D) holding that even an incorrect belief that an employees performance is inadequate can be a legitimate reason for an adverse employment action (E) holding that drugrelated misconduct is a legitimate nondiscriminatory reason for termination

Ex Output:

(B)