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: to invoke the jurisdiction of the trial court. As a matter of first consideration, any court has the duty to determine, sua sponte, whether it has jurisdiction to hear the case. Welch v. McDougal, 876 S.W.2d 218, 220 (Tex.App.-Amarillo 1994, writ denied). As material to this question, section 65.023(b) of the Texas Civil Practice & Remedies Code requires that an application for an injunction to stay proceedings in a suit or execution on a judgment must be tried in the court in which the suit is pending or the judgment was rendered. This requirement is jurisdictional and does not relate merely to venue. See Butron v. Cantu, 960 S.W.2d 91, 94 (Tex.App.-Corpus Christi 1997, no writ); Home Sav. Ass’n v. Ramirez, 600 S.W.2d 911, 913 (Tex.Civ.App.-Corpus Christi 1980, writ refd n.r.e.) (<HOLDING>). Because the Gard-ners seek to challenge 
 Holding statements: (A) holding that the denial of a postjudgment motion without a hearing thereon is harmless error where 1 there is  no probable merit in the grounds asserted in the motion or 2 the appellate court resolves the issues presented therein as a matter of law adversely to the movant by application of the same objective standard of review as that applied in the trial court (B) holding that a judgment is subject to collateral attack where  the judgment is void for want of jurisdiction with respect to the power of the court to render the particular judgment or decree as where the court  exceeds the powers conferred on it by constitutional or statutory provisions (C) holding that a dis trict court has no authority to issue injunction restraining enforcement of judgment of the county court where as here the judgment solely resolves who is entitled to immediate possession (D) holding that motion to dismiss should not  be granted unless the moving party has established that there is no material issue of fact to resolve and that it is entitled to judgment in its favor as a matter of law (E) holding that a judgment of another states court is entitled to full faith and credit j when the judgment is considered final under the laws of the rendering state

Answer: holding that the denial of a postjudgment motion without a hearing thereon is harmless error where 1 there is  no probable merit in the grounds asserted in the motion or 2 the appellate court resolves the issues presented therein as a matter of law adversely to the movant by application of the same objective standard of review as that applied in the trial court


Question: other court’s construal of the statute. See Thrivent, 251 S.W.3d at 622-23; J.D. Edwards World Solutions Co. v. Estes, Inc., 91 S.W.3d 836, 839-40 (Tex.App.-Fort Worth 2002, pet. denied); Poole v. USAA Cas. Ins. Co., No. 14-99-00740-CV, No, 14-99-01056-CV, 2000 WL 1721150, at *1, 2000 Tex.App. LEXIS 6825, at *3-*4 (Tex.App.-Houston [14th Dist.] Oct. 12, 2000, pet. denied) (not designated for publication); Vondergoltz, 14 S.W.3d at 331. Finally, this argument is contrary to the prevailing view among state courts outside of Texas as well, which have held that an order vacating an award and directing a rehearing (without denying confirmation) is not final and appealable. See City of Fort Lauderdale v. Fraternal Order of Police, Lodge No. 31, 582 So.2d 162, 162-63 (Fla.Dist.Ct.App.1991) (<HOLDING>); Carner v. Freedman, 175 So.2d 70, 71 
 Holding statements: (A) holding that the ordering of a rehearing caused the judgment to not be final and appealable (B) holding that a rehearing order was not final or appealable (C) holding that an order of consolidation is interlocutory and not immediately appealable (D) holding an order denying a motion for summary judgment is interlocutory and not appealable (E) holding that a rehearing order is interlocutory and not appealable

Answer: holding that the ordering of a rehearing caused the judgment to not be final and appealable


Question: Firefighters Pension & Ret. Sys., 28 P.3d 589, 547 (Okla.2001) (same); see State Farm Mut. Auto. Ins. Co. v. Boellstorff, 540 F.3d 1223, 1228-30 (10th Cir.2008) (discussing rationale for American Pipe rule). A claim accruing after the filing of a class action but before denial of class certification is subject to tolling, see Crown, Cork & Seal Co. v. Parker, 462 U.S. 345, 354, 103 S.Ct. 2392, 2398, 76 L.Ed.2d 628 (1983); Philip Morris USA, Inc. v. Christensen, 394 Md. 227, 905 A.2d 340, 363 (2006), and the statute of limitations remains tolled for all members of the putative class until class certification has been denied. Rosenthal, 883 P.2d at 531. However, the filing of successive class actions cannot serve to perpetually toll the running of the statute of limitations. See id. (<HOLDING>). In Korwek v. Hunt, 827 F.2d 874, 879 (2d 
 Holding statements: (A) holding that tolling applies to a subsequent class action when class certification was granted in a prior case (B) recognizing rule (C) recognizing but not ruling on basis of federal rule prohibiting tolling during a successive class action (D) holding that tolling applies to a subsequent class action when the prior denial of class certification was based solely on rule 23 deficiencies of the putative representative (E) holding that tolling does not apply to additional defendants who were not named in the class action

Answer:
holding that tolling applies to a subsequent class action when class certification was granted in a prior case