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.

Q: performance is a matter that lies within the sound discretion of the trial court. Jordan v. Boisvert, 632 So.2d 254, 256 (Fla. 1st DCA 1994). While forfeitures are not favored, a forfeiture will be enforced where it is clear that the parties intended such a result. Nelson v. Hansard, 143 Fla. 898, 197 So. 513, 514 (1940). However, due to this harsh result, a court of equity will “always mitigate forfeitures when it can be done without doing violence to the contract of the parties.” Rader v. Prather, 100 Fla. 591, 130 So. 15, 16-17 (1930) (citing McCaskill v. Union Naval Stores Co., 59 Fla. 571, 52 So. 961, 962 (1910)). A court of equity, though, will not grant relief from a situation traceable to a party’s own neglect, gross negligence, or willful and persistent vio 37, 538 (Fla.1953) (<HOLDING>). Here, the parties intended that a forfeiture 
 Holding statements: (A) holding that the equities involved did not lead to an unconscionable result where purchaser planned to use the land for a particular purpose and brought lumber to the site after he defaulted on the agreement (B) holding that a cause of action for damages to property resulting from a permanent nuisance accrues to the owner of the land at the time the injury begins to affect the land and mere transfer of the land by deed does not transfer the claim for damages (C) holding that a later concession to strike an unconscionable term does not change the fact that the arbitration agreement as written is unconscionable and contrary to public policy (D) holding where exempt organization was in possession of real property under land contract obligating organization to pay the purchase price and use land for exempt purpose the association was the owner of the land within the meaning of the statute (E) holding that land sales contracts were not securities because they involved no investment in an enterprise even if land was bought on expectation that development of the area would increase the value of the land

A: holding that a cause of action for damages to property resulting from a permanent nuisance accrues to the owner of the land at the time the injury begins to affect the land and mere transfer of the land by deed does not transfer the claim for damages
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Q: issue, we need not consider the second argument raised. 7 . In a dissent to Smith, Judge Friedman, joined by Judges Pellegrini and Kelley, objected to following the Miller/Lewis/Selan line of cases which automatically equated the refusal to sign a hospital consent form with a refusal to submit to chemical testing. The dissenting judges expressed preference for the other line of caselaw, particularly Conrad, and noted that because Smith orally agreed to the blood test and only refused to sign the hospital consent form, which was a pre-test procedure linked to the test, although not required by section 1547, Smith did not make a knowing and conscious refusal to submit to chemical testing. 8 . Wheatley v. Commonwealth, Department of Transportation, 104 Pa.Cmwlth. 171, 521 A.2d 507 (1987) (<HOLDING>). 9 Although Renwick does not expressly 
 Holding statements: (A) holding refusal to sign hospital waiver of liability form is not a refusal under section 1547 (B) holding that refusal to consent to search cannot support a finding of reasonable suspicion (C) holding that refusal to submit to breathalyzer test did not result from custodial interrogation (D) holding that a refusal to sign an implied consent form is not a refusal to submit to a breathalyzer test for purposes of section 1547 (E) holding that a district court did not clearly err in crediting agents testimony that a defendant had orally consented despite his refusal to sign consent form

A: holding refusal to sign hospital waiver of liability form is not a refusal under section 1547
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Q: the Court of Criminal Appeals held that because “the State failed to present any nonhearsay evidence to establish that D.M.D. was a ‘child’ when she was found in the bedroom with Sams,” a “necessary” element to establish a prima facie case of contributing to the delinquency or dependency of a child or to a child’s being in need of supervision, “the circuit court erred in revoking Sams’s probation.” 48 So.3d at 663. The State petitioned this Court for cer-tiorari review to determine whether the decision of the Court of Criminal Appeals conflicts with well settled caselaw holding that a circuit court may consider both hearsay and nonhearsay evidence in determining whether a probationer violated the terms of his or her probation. See Ex parte J.J.D.,778 So.2d 240, 242 (Ala.2000)(<HOLDING>); Ex parte Toney, 854 So.2d 37, 39 (Ala.2002) 
 Holding statements: (A) recognizing that   the court is not bound by the strict rules of evidence   at a probationrevocation hearing and must only be reasonably satisfied from the evidence that the probationer has violated a condition of his or her probation quoting martin v state 46 alaapp 810 312 241 so2d 839 341 alacrimapp1970 quoting in turn state v duncan 270 nc 241 245 154 se2d 53 57 1967 (B) recognizing that zoning agency bodies   are not bound by strict rules of evidence (C) recognizing that commission is not bound by statutory or common law rules of evidence (D) holding that the evidence that the defendant violated a probation condition was not competent and substantial because the state presented only hearsay evidence (E) holding that the state must establish by the greater weight of the evidence that a defendant violated a term of his probation

A:
recognizing that zoning agency bodies   are not bound by strict rules of evidence
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