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: 55(c) motion on or before August 22, 2012, the 90th day after it was filed, that motion was denied by operation of law on that date, which denial terminated the trial court’s jurisdiction. See, e.g., Scott v. Lenoir, 5 So.3d 1282, 1283 (Ala.Civ.App.2008) (“The trial court loses jurisdiction to consider [a postjudgment] motion after the expiration of the 90-day period.”). Because its jurisdiction terminated on August 22, 2012, the trial court lacked jurisdiction to enter the November 16, 2012, order purporting to set aside the default judgment against Thurmond; the March 16, 2013, order purporting to deny Thurmond’s summary-judgment motion; and the April 16, 2013, order purporting to enter a summary judgment in favor of Parrish. See Sibley v. Sibley, 90 So.3d 191, 193 (Ala.Civ.App.2012) (<HOLDING>). A judgment entered by a trial court lacking 
 Holding statements: (A) holding that the improper appointment of a judge to a case deprived the court of jurisdiction to rule on any motions pending before that judge the orders entered by that judge were entered without jurisdiction of the court and were thus void (B) holding in a case where the plaintiff had argued that the district court lacked jurisdiction to amend its judgment more than ten days after entry because that is the time limit under federal rule of civil procedure 59 that a district court can amend its judgment because of mistake or inadvertence months after judgment has been entered pursuant to rule 60b of the federal rules of civil procedure (C) holding trial court order which purportedly corrected divorce decree to alter marital property division was void because it was entered  after this court obtained jurisdiction (D) holding that an order purporting to amend a judgment was void because it was entered after the trial court had lost jurisdiction to rule on the parties postjudgment motions (E) holding that a default judgment was not void because the bankruptcy court that entered the judgment had proper jurisdiction over the party seeking relief

Answer: holding that the improper appointment of a judge to a case deprived the court of jurisdiction to rule on any motions pending before that judge the orders entered by that judge were entered without jurisdiction of the court and were thus void


Question: small pieces of the Walkway, or access to the Walkway, built upon it. See Def.-Int. Reply at p. 14 (noting that the second of two issues remaining for the Court to decide, given that the public trust doctrine gov erns a large portion of the land at issue, is “whether the state acted rationally in determining that access across the perpendicular paths and scattered small portions of the Walkway constructed on uplands is ‘reasonably necessary’ to protect that public’s right of access to the remaining 88.7 percent of the Walkway that is situated on tidelands”). Plaintiffs’ taking claims with respect to this small portion of the property at issue are governed by the reasonableness test enunciated in Matthews. See Matthews v. Bay Head Improvement Ass’n, 95 N.J. 306, 326, 471 A.2d 355 (1984) (<HOLDING>), cert. denied, 469 U.S. 821, 105 S.Ct. 93, 83 
 Holding statements: (A) holding that public use of a beach was presumed to have originated by permission and to have continued as a license until some act  of the public or public official asserted the use to be exercised as a matter of right rather than privilege (B) holding that in order to exercise its rights under the public trust doctrine the public must be given both access to and use of privatelyowned dry sand areas as reasonably necessary (C) holding that the borough of deals dedication of a portion of a beach for use by its residents only was immaterial given the public trust doctrines requirement that the public be afforded the right to enjoy all dry sand beaches owned by a municipality (D) holding that under the public standing doctrine it is only necessary that the relator shall be a citizen and as such interested in the execution of the laws (E) recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public

Answer: holding that public use of a beach was presumed to have originated by permission and to have continued as a license until some act  of the public or public official asserted the use to be exercised as a matter of right rather than privilege


Question: by testimony from Alan W. Pullen, president of Community. 5 . Hudson v. Inman, 179 S.C. 399, 184 S.E. 102 (1936). 6 . Community argues again on appeal that this issue is moot. A case becomes moot when judgment, if rendered, will have no practical legal effect upon the existing controversy. Mathis v. South Carolina State Highway Dep't, 260 S.C. 344, 195 S.E.2d 713 (1973), cited in Arnold v. Association of Citadel Men, 337 S.C. 265, 523 S.E.2d 757 (1999). This is true when some event occurs making it impossible for the reviewing court to grant effectual relief. Id. However, a foreclosure sale that was improperly conducted so as to prejudice interested parties is void and, therefore, the sale may be set aside by the reviewing court. Howell v. Gibson, 208 S.C. 19, 37 S.E.2d 271 (1946) (<HOLDING>) (citation omitted); Farr v. Sims, 9 S.C. Eq. 
 Holding statements: (A) holding a mistake or surprise in connection with the sale is grounds for setting it aside provided the mistake is harmful and not a mistake of law or one due to the negligence of the party complaining (B) holding breach of best execution duty is a material misrepresentation in connection with the purchase or sale of the securities (C) holding that it is unlawful for a person to omit material facts in connection with the offer or sale of a security (D) holding that common law grounds such as manifest disregard of law and gross mistake were not valid grounds for vacatur of arbitration award as hall street forecloses any common law grounds for vacatur (E) holding that the role of the courts is limited to ascertaining whether there exists one of the specific grounds for the vacation of an award as provided in  10 of the arbitration act and that the court should not review the arbitration proceeding for errors of law or fact

Answer:
holding breach of best execution duty is a material misrepresentation in connection with the purchase or sale of the securities