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]: v. Conlee, 370 Ark. 89, 257 S.W.3d 543 (2007). Kyler Road Home Charles first argues on appeal that the circuit court erred by not awarding him an interest in the home on Kyler Road. Although he acknowledges that Myra had acquired this property prior to the marriage, he asserts that he is entitled to an interest in the home because | ^marital funds were used to reduce the debt on the properly and to make improvements. Our definition of marital properly excludes property acquired before the marriage. Ark.Code Ann. § 9-12-315(b)(1) (Repl.2009). However, we have long held that a non-owning spouse is entitled to some benefit when marital funds have been expended to improve or reduce the debt on the other spouse’s nonmarital property. See Box v. Box, 312 Ark. 550, 851 S.W.2d 437 (1993) (<HOLDING>); Bagwell v. Bagwell, 282 Ark. 403, 668 S.W.2d 
 Holding statements: (A) holding that an increase in the value of nonmarital property attributable to the efforts of one or both spouses during marriage is marital property (B) holding that assets acquired subsequent to separation are not considered marital property absent evidence that spouse used marital property to obtain them (C) holding that separate property may become marital property if spouse donates it to marital unit with intent at time of donation that property become marital (D) holding that the trial court erred in finding that marital property was the former wifes separate property based on a nonseparation agreement in which the former husband purported to relinquish any interest in the marital property (E) holding that circuit court erred in failing to consider that marital property in the form of marital earnings was used to pay debt against nonmarital property
[A]: holding that an increase in the value of nonmarital property attributable to the efforts of one or both spouses during marriage is marital property


[Q]: P.2d 171, 174-75 (1997) (providing that a party seeking to change custody must establish that circumstances have substantially changed since the most recent custodial order, and that any events that took place before the prior proceedings cannot be used to show changed circumstances). Although we will not substantively review the decree’s child custody arrangement because of mootness, we note, in passing, that a district court, faced with evidence that one parent is attempting to disrupt the other parent’s 8 (1993); see also NRS 125.480(1) (providing that the sole consideration in awarding custody of a child is the best interest of the child). 11 84 Nev. 710, 447 P.2d 664 (1968). 12 Id. at 711, 447 P.2d at 665. 13 Cf. Hopper v. Hopper, 113 Nev. 1138, 1143, 946 P.2d 171, 174-75 (1997) (<HOLDING>). 14 Most v. Most, 477 A.2d 250, 263 (Me. 1984) 
 Holding statements: (A) recognizing that conduct that preceded the prior custody determination cannot be admitted to show a change in circumstances (B) holding the teenage childrens preference to live in fathers home was sufficient evidence to support a change in physical custody in a modification of a split physical custody arrangement even though the party seeking the change failed to demonstrate a change in circumstances (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 subsequent petition may be filed upon a showing of a change in circumstances (E) holding court cannot change custody without showing that change is in best interests of child
[A]: holding the teenage childrens preference to live in fathers home was sufficient evidence to support a change in physical custody in a modification of a split physical custody arrangement even though the party seeking the change failed to demonstrate a change in circumstances


[Q]: in ongoing litigation.”). Conditioning Gutten-berg’s dismissal on an attorney’s-fees-and-costs award is therefore inappropriate at this juncture. Emery disagrees. He implies that Gut-tenberg’s filings — and Emery’s responses to them — were unnecessary, because they “resulted in the Court’s rejection of three of the four claims originally asserted by Plaintiffs.” Def.’s Resp. at 7. But winning and losing has never been the stick by which courts have measured whether to impose fees-and-costs conditions. See SBM Wageneder Gesellschaft, 113 F.R.D. at 663 (“To condition a voluntary dismissal on an award of fees, the case law requires that defendant’s efforts must have been unnecessary, not that the plaintiff must prevail.”); Combo v. Viacom, Inc., 2007 WL 39410, at *1 (D.D.C. Jan. 5, 2007) (<HOLDING>). Put differently, the mere fact that 
 Holding statements: (A) holding a district court may in its discretion award attorneys fees upon a finding that plaintiffs action was frivolous unreasonable or without foundation even though not brought in subjective bad faith (B) holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees (C) holding merely that the evidence was sufficient to support the award of attorneys fees (D) holding that whether plaintiffs arguments were frivolous was irrelevant to the question of whether to award attorneys fees and costs upon his motion to voluntarily dismiss the suit (E) recognizing that an award of temporary attorneys fees and costs is based on an assessment of need and ability to pay as well as the reasonableness of the fees and costs
[A]:
holding a district court may in its discretion award attorneys fees upon a finding that plaintiffs action was frivolous unreasonable or without foundation even though not brought in subjective bad faith