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.
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Question: required expert testimony at trial. We agree with other appellate courts that the statute does not violate the open courts provision by requiring an expert report sooner rather than later in the litigation. See, e.g., Gill v. Russo, 39 S.W.3d 717, 719 (Tex.App.-Houston [1st Dist.] 2001, no pet.); Knie v. Piskun, 23 S.W.3d 455, 467 (Tex.App.-Amarillo 2000, pet. denied). Mocega’s fifth point is overruled. Notice of Hearing Mocega’s final two points assert the trial court was required to grant her the grace period provided under art. 4590i, § 13.01(g). A motion under that section is timely if filed before “any hearing” on a defendant’s motion to dismiss. Urquhart’s motion was “heard” by submission on April 3rd. See Martin v. Martin, Martin & Richards, Inc., 989 S.W.2d 357, 359 (Tex.1998) (<HOLDING>). Mocega’s motion was not filed until April 
 Holding statements: (A) holding term successor does not contemplate acquisition by ordinary purchase from another corporation (B) holding that a hearing does not contemplate an oral presentation unless required by express language or context (C) holding that oral rendition of judgment supported by the courts docket sheet was insufficient express specific written order is required (D) holding that statutory authority to modify does not contemplate fundamental changes (E) holding that express oral agreement with government agent was not binding because among other factors applicable regulations required contract to be in writing

Answer: holding term successor does not contemplate acquisition by ordinary purchase from another corporation


Question: $585,000 compensation for both the value of the condemned property and damage to the remainder. Northborough filed an objection to the commissioner’s decision asserting it had not received just compensation. The State filed an objection claiming the award was excessive. On April 19, 1991, the award was deposited with the clerk of the trial court. Northborough filed a motion to withdraw the $585,000, which the trial court granted on May 2, 1991. The State subsequently took possession of the condemned property and commenced construction on I-45. Prior to the commencement of the jury trial, the trial court held a hearing to determine whether there was a material and substantial impairment of access to the remainder. See State v. Wood Oil Distrib., Inc., 751 S.W.2d 863, 865 (Tex.1988) (<HOLDING>). The trial court found the improvements to 
 Holding statements: (A) holding that when ruling on a motion under rule 60b1 the trial court is not required to make written findings of fact unless a request is made (B) holding that the trial court is required to provide reasons for its decision prior to appeal (C) holding the trial court is required to make a determination on impairment of access prior to trial (D) holding that trial courts limited findings were insufficient to allow determination of whether trial court abused its discretion in denying defendants motion to dismiss his indictment on constitutional speedy trial grounds (E) holding that an exhaustion of appellate remedies is required to make a trial courts ruling the law of the case

Answer: holding that when ruling on a motion under rule 60b1 the trial court is not required to make written findings of fact unless a request is made


Question: breach of trust, he is chargeable with (a) any loss or depreciation in value of the trust estate resulting from the breach of trust; or (b) any profit made by him through the breach of trust; or (c) any profit which would have accrued to the trust estate if there had been no breach of trust.” (emphasis added)). In compensating Beneficiaries, the district court put them in the place they would have been if the Bank had never engaged in its self-dealing. Because the disgorgement damages of $540,000 were less than the $849,000 in compensatory damages awarded by this Court to make B eneficiaries whole, any additional recovery for disgorgement would amount to a double recovery and improperly impose a penalty on the Bank. See Sheldon v. Metro-Goldwyn Pictures Corp., 309 U.S. 390, 399 (1940) (<HOLDING>). {46} Plaintiffs are entitled to be fully 
 Holding statements: (A) holding that issues not argued specifically and distinctly in a partys opening brief are waived internal quotation marks and citations omitted (B) recognizing that the declaratory judgment act is only procedural and does not create substantive rights internal quotation marks and citations omitted (C) holding that compliance with rule 3 is both a mandatory and jurisdictional prerequisite to appeal internal quotation marks omitted (D) holding that the remedy of disgorgement is meant not to inflict punishment but to prevent an unjust enrichment by allowing injured complainants to claim that which  is theirs and nothing beyond this internal quotation marks and citations omitted (E) holding that disclosure requirements may burden the ability to speak but they  do not prevent anyone from speaking citation and internal quotation marks omitted

Answer:
holding that issues not argued specifically and distinctly in a partys opening brief are waived internal quotation marks and citations omitted