TASK DEFINITION: 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.
PROBLEM: its discretion by modifying the timesharing agreement without evidence that the welfare of the minor child would be promoted by returning him to his former school in Lake County and changing the timesharing arrangement to have the father assume the primary timesharing responsibilities. See § 61.13(3), Fla. Stat. (2014); Holland v. Holland, 140 So.3d 1155 (Fla. 1st DCA 2014); Dobbins v. Dobbins, 584 So.2d 1113, 1116 (Fla. 1st DCA 1991). Accordingly, we reverse and remand for a new hearing. On remand, the court shall take evidence and use the best interests of the child standard to determine if modification is in the child’s best interests in light of the parties’ inability to agree which school the minor child will attend. See, e.g., Watt v. Watt, 966 So.2d 455 (Fla. 4th DCA 2007) (<HOLDING>). Once that determination is made, the trial 
 Holding statements: (A) holding that change of circumstances is not prerequisite to additional   3583e2 modification (B) holding that a hearing is required when a modification of parenting time would change the established custodial environment (C) holding that a showing of a change in circumstances that is or is likely to be beneficial to the child may also warrant a change in custody (D) holding that a custodial parents move to a foreign state without more is not a substantial change of circumstances that would support a modification of custody (E) holding that parties inability to agree on which private high school child would attend constituted substantial change in circumstances warranting modification of parenting plan

SOLUTION: holding that change of circumstances is not prerequisite to additional   3583e2 modification

PROBLEM: 398, 407 (1988) (concluding that the act of inserting an adult’s tongue into a child’s mouth constituted an “immoral, improper, or indecent” act within the meaning of N.C.G.S. § 14-202.1(a)(1) and a “lewd or lascivious” act within the meaning of N.C.G.S. § 14-202.1(a)(2)); State v. Hammett, 182 N.C. App. 316, 323, 642 S.E.2d 454, 459 (concluding that masturbating in a child’s presence constituted an offense punishable pursuant to N.C.G.S. 14-202.1(a)(2)), appeal dismissed and disc. rev. denied, 361 N.C. 572, 651 S.E.2d 227 (2007); State v. Turman, 52 N.C. App. 376, 377, 278 S.E.2d 574, 575 (1981) (concluding that masturbating in a child’s presence constituted an offense pursuant to N.C.G.S. § 14-202.1(a)(l)); cf. State v. Jones, 172 N.C. App. 308, 314-16, 616 S.E.2d 15, 19-20 (2005) (<HOLDING>). In light of these decisions, at least four 
 Holding statements: (A) holding that single substantial act can support exercise of personal jurisdiction (B) holding that multiple convictions under  924c cannot be based on offenses forming a single unit of prosecution (C) holding that a single act cannot support two convictions under both ncgs  142021al and ncgs  142021a 2 respectively (D) recognizing that dui manslaughter and vehicular homicide are two separate crimes neither being a lesser included offense of the other but holding that a single death cannot support convictions for both crimes (E) holding that separate sentences may be imposed for a violation of section 36bd and the predicate offense where both convictions were the result of the same act so long as the charges are brought in a single trial

SOLUTION: holding that single substantial act can support exercise of personal jurisdiction

PROBLEM: (S.D.N.Y.1972), in which the district court decided that the defendants implicitly conferred authority on their attorney . to receive process. Opp’n to CARCO’s Mot. at 2-3. In Bosur-gi however, the defendants retained their attorneys for the purpose of asserting a right to a fund, the attainment of which “necessarily required the attorneys to resist the claims to the fund asserted by . other parties.” 343 F.Supp. at 818. Consequently, as the Bosurgi court notes, “receipt of process by the attorney 834 F.Supp. 99, 102 (S.D.N.Y.1993) (noting that “[t]his court has specifically stated that an attorney does not become a client’s agent for service of process simply because she represented the client in an earlier action”); McLaughlin v. Fidelity Sec. Life Ins., 667 A.2d 105, 106 (D.C.1995) (<HOLDING>). 3. The Court Directs the Plaintiff to Perfect 
 Holding statements: (A) holding that a defendants actual knowledge that an action is pending or that service has been attempted is not the equivalent of service of summons and will not relieve the plaintiff of its burden or vest the court with jurisdiction (B) holding that an attempted service on the partys counsel was insufficient without proof of the counsels actual authority to receive service (C) holding that service is not avoided by service on a partys attorney as service on an attorney is ineffective unless he has been authorized to accept such service (D) recognizing that it is well settled law that an action is commenced by the service of a summons and without valid service of process the trial court has no jurisdiction to act (E) holding that service of subpoena on plaintiffs counsel as opposed to the plaintiff himself renders such service a nullity

SOLUTION:
holding that a defendants actual knowledge that an action is pending or that service has been attempted is not the equivalent of service of summons and will not relieve the plaintiff of its burden or vest the court with jurisdiction