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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
--------
Question: of the [Marion County] small claims court shall be taken to the superior court of the county and tried de novo." Retaining the identical language, the Legislature re-codified the statute in 2004 as Indiana Code section 33-34-3-15(a). 2 . Atlantic Coast sought interlocutory review of the trial court's order, which the Court of Appeals accepted. The Court of Appeals addressed this claim in the instant appeal. 3 . Atlantic Coast does not challenge the Court of Appeals' determination regarding the discovery order, and the Cooks do not challenge the determination that they waived appellate review of the trial court's grant of summary judgment in favor of Delta Airlines on the Cooks' negligence claim. 4 . Compare, for example, Abdullah v. Am. Airlines, Inc., 181 F.3d 363 (3rd Cir.1999) (<HOLDING>), and O'Carroll v. Am. Airlines, Inc., 863 F.2d 
 Holding statements: (A) holding federal law preempts state regulation of voip provider but expressing no opinion on applicability of state laws generally governing such companies including laws concerning taxation (B) holding that general maritime law preempts state law (C) holding that the flsa preempts certain state law claims (D) holding that federal common law of erisa preempts state law in the interpretation of erisa benefit plans (E) holding that federal law establishes the applicable standards of care in the field of aviation safety generally and thus preempts the entire field from state regulation

Answer: holding federal law preempts state regulation of voip provider but expressing no opinion on applicability of state laws generally governing such companies including laws concerning taxation


Question: defendant’s activities fall outside the FDCPA’s general provisions); Overton v. Foutty & Foutty, LLP, No. 1:07-cv0274-DFHTAB, 2007 WL 2413026, at *4 (S.D.Ind. Aug. 21, 2007) (recognizing majority position that party whose activities are limited to enforcement of security interests is not subject to all FDCPA requirements, and stating, ”[i]f a person invokes judicial remedies only to enforce the security interest in property, then the effort is not subject to the FDCPA (other than § 1692f(6) and § 1692i(a))[,] [b]ut if the person is also seeking additional relief, such as a personal judgment against the borrower, then the FDCPA applies.”) (collecting cases); Chomilo v. Shapiro, Nordmeyer & Zielke, LLP, Civ. No. 06-3103 (RHK/AJB), 2007 WL 2695795, at *6 (D.Minn. Sept. 12, 2007) (<HOLDING>); Acosta v. Campbell, No. 6:04CV761 ORL28DAB, 
 Holding statements: (A) holding that law firm executing nonjudicial foreclosure pro ceeding was enforcing a security interest rather than collecting a debt and hence fell outside the ambit of the fdcpa except for the provisions of section 1692f6 (B) recognizing distinction between general debt collection and enforcement of a security interest and observing that by the plain language of  1692a6   a person whose business has the principal purpose of enforcing security interests but who does not otherwise satisfy the definition of a debt collector is subject only to  1692f6 (C) holding that a debt collectors filing of a lawsuit on a debt that appears to be timebarred  is an unfair and unconscionable means of collecting the debt (D) holding that the defendants actions in filing judicial foreclosure proceeding against mortgagor amounted to debt collection activity under the fdcpa and distinguishing decisions involving pursuit of nonjudicial foreclosure proceedings under a deed of trust from those in which a defendant has pursued judicial foreclosure proceedings which included seeking judgment on a note  by filing a lawsuit in state court (E) holding that back rent is debt under the fdcpa

Answer: recognizing distinction between general debt collection and enforcement of a security interest and observing that by the plain language of  1692a6   a person whose business has the principal purpose of enforcing security interests but who does not otherwise satisfy the definition of a debt collector is subject only to  1692f6


Question: statutes. A similar argument was made and rejected in Columbia Park. 2008 U.S. Dist. LEXIS 16370, at *9. Moreover, the Supreme Court’s statement in Wright v. Terrell is a clear indication that the rule announced in Wilson continues to be adhered to by our highest court. ¶12 The City also contends that had the Supreme Court disagreed with Harberd, it would not have denied the petition for review of that decision. A similar argument was also rejected in Columbia Park. 2008 U.S. Dist. LEXIS 16370, at *3. Indeed, the Supreme Court’s denial of review has never been taken as an expression of the court’s implicit acceptance of an appellate court’s decision. State v. Rudolph, 141 Wn. App. 59, 67, 168 P.3d 430 (2007); accord In re Estate of Borghi, 141 Wn. App. 294, 301, 169 P.3d 847 (2007) (<HOLDING>). ¶13 We are not free to ignore controlling 
 Holding statements: (A) holding that the supreme court has final appellate review of agency decisions (B) holding that the court of appeals lacks the authority to overrule decisions of the supreme court of north carolina and has a responsibility to follow those decisions until otherwise ordered by the supreme court (C) holding that it is not our prerogative to overrule or ignore clearly written decisions of our supreme court (D) recognizing that our supreme court does not overrule binding precedent sub silentio and noting that because an appellate court opinion did not mention a contradicting supreme court decision the conflict between the two decisions was not called to the attention of the court which denied review of the appellate decision (E) holding that even though petition for allowance of appeal was pending before the pennsylvania supreme court decision remained binding precedent as long as the decision had not been overturned by our supreme court

Answer:
holding that the supreme court has final appellate review of agency decisions