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.
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Question: 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

Answer: (E)


Question: fees, an award of reasonable fees is mandatory, as long as there is proof of reasonable fees ... and the plaintiff has been awarded damages.” Mathis v. Exxon Corp., 302 F.3d 448, 462 (5th Cir.2002), citing Tex. Civ. Peac. & Rem. Code Ann. § 38.001(8) (Vernon 2002). Accord Coffel v. Stryker Corp., 284 F.3d 625, 640 (5th Cir.2002) (“[t]he award of reasonable attorneys’ fees is mandatory under § 38.001 if the plaintiff prevails in his or her breach of contract claim and recovers damages”). The only discretion the Fifth Circuit permits is discretion to determine the amount of the attorney’s fees award. See id. The availability of a section 38.001 award is not conditioned on a contractual provision for attorney’s fees. See, e.g., Holland v. Wal-Mart Stores Inc., 1 S.W.3d 91, 95 (Tex. 1999) (<HOLDING>); Golden v. Murphy, 611 S.W.2d 914, 915 
 Holding statements: (A) holding award of attorneys fees to party prevailing on contract claim is mandatory under section 38001 if there is proof of the reasonableness of the fees (B) holding that prevailing party to contract dispute may recover attorneys fees either pursuant to contract or pursuant to statute (C) holding that prevailing party was entitled to attorneys fees under an option contract which had expired prior to litigation because the parties were litigating their performance under the terms of the contract (D) holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees (E) holding defendant waived request for fees pursuant to contract provision by only generally referring to fees in the answer and not citing the contract

Answer: (B)


Question: allows an award of costs and attorney’s fees from the petitioners to the debtor. Here, Focus also asks us to order the disgorgement of attorney’s fees previously paid out of Focus’ estate to the petitioning creditors’ attorneys. To clear the way for the relief Focus seeks, we would have to return control of the business to Focus, discharge the trustee and dismiss the involuntary petition. See Semel v. Dill (In re Dill), 731 F.2d 629, 632 (9th Cir.1984) (“An award of attorney’s fees under 11 U.S.C. § 303(i) depends upon dismissal of the petition.”). Because we could fashion these equitable remedies, effective relief is available to Focus, and this case is therefore not moot under the first type of mootness. See Spirtos v. Moreno (In re Spirtos), 992 F.2d 1004, 1007 (9th Cir.1993) (<HOLDING>). Neither are we persuaded that we should 
 Holding statements: (A) holding that plan participants in a defined benefit pension plan have no claim to the plans surplus assets (B) holding that distributions from an inter vivos trust do not qualify as bequests and  541a5a does not operate to bring such distributions into the bankruptcy estate (C) holding that postconfirmation income that is not necessary to the fulfillment of the plan of reorganization does not become part of the bankruptcy estate (D) holding confirmation vested property in the debtor and therefore properly of the estate was not liable for postconfirmation taxes incurred by debtor (E) holding appeal not moot when court could order debtor to return to the estate postconfirmation distributions of pension plan assets

Answer:
(E)