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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Ex Input:
make a hearing unnecessary. These contentions have no merit. Although we retain jurisdiction to resolve the State’s motion to dismiss this appeal, we first remand this matter to the district court with instructions to conduct an evidentiary hearing. We remand because whether Mr. Comer has expressly or impliedly consented to the filing of any pleadings in federal court is a critical question of fact that we believe the district court is in a better position to resolve. Indeed, we have previously recognized the general presumption that an attorney is authorized to act on his client’s behalf. See, e.g., Nevius, 105 F.3d at 459; Lucky, 86 F.3d at 925; Deutscher v. Angelone, 16 F.3d 981, 984 (9th Cir.1994); cf. Roe v. Flores-Ortega, — U.S. —, —, 120 S.Ct. 1029, 1040, 145 L.Ed.2d 985 (2000) (<HOLDING>). When parties have challenged this 
 Holding statements: (A) holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan (B) holding that attorney lacked standing to file notice of appeal on behalf of client who couldnot be located because the client must make the ultimate decision regarding the appeal internal quotation marks omitted (C) recognizing that counsel have the authori ty to file an appeal on their clients behalf even when the client does not expressly give them his consent to do so (D) holding broker and clients agreed to arbitration where newaccount forms signed by clients expressly incorporated separate unsigned client agreement containing arbitration provision even if client agreement was not attached or read by clients because they were presumed to have read newaccount form which placed them on notice of client agreement (E) recognizing the right to counsel on appeal

Ex Output:
(C)


Ex Input:
yet a third time under the discussion of ‘why.’ 934 S.W.2d at 457 (emphasis added). Finally, the court of appeals properly applied the Kraus factors and explained why the evidence supported the punitive damages award. Accordingly, we conclude that the court of appeals’ factual sufficiency review of the punitive damages award, despite the court’s occasional misleading language, was proper. IY. PUNITIVE DAMAGES AWARD-RECALCULATION Mobil also argues that the court of appeals erred by including, sua sponte, the estate’s actual damages in its punitive damages calculation, thereby adding $91,555.58 to the punitive damages award. We agree. A court of appeals cannot modify a judgment without a point of error asking it to do so. See Texas Nat’l Bank v. Karnes, 717 S.W.2d 901, 903 (Tex.1986)(<HOLDING>). Here, the jury charge asked the jury to 
 Holding statements: (A) holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees (B) holding merely that the evidence was sufficient to support the award of attorneys fees (C) holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees (D) holding that oncors request for the trial judge rather than the jury to determine the reasonableness of its attorneys fees and the failure to submit the question of attorneys fees to the jury resulted in a waiver of oncors claim for the recovery of attorneys fees (E) holding that the court of appeals erred in modifying the judgment to include attorneys fees when the trial courts refusal to grant attorneys fees was not the subject of a point of error

Ex Output:
(E)


Ex Input:
recognition that on remand the plaintiff may very well be entitled to no relief at all. See, e.g., Maj.Op. at 86-87 & n. 24, 88 n. 26. In particular, I find this setting singularly inappropriate for an abstract discussion of novel constitutional rights of dubious applicability. 1 . The District Court may, however, have made the case more difficult than it need have been by refusing to rule on the Government’s request that the highly relevant materials contained in the sealed affidavit be disclosed. See Maj. Op. at 91. 2 . See Maj. Op. at 90 (recognizing well-established principle that a court should not consider constitutional arguments unless it has already determined that case cannot be decided on non-constitutional grounds); cf. J.P. v. DeSanti, 653 F.2d 1080, 1090 (6th Cir.1981) (<HOLDING>). But see Maj. Op. at 80 n. 14 (noting in 
 Holding statements: (A) holding that no private right of action exists (B) holding that a private right of action exists (C) holding that there is no private right of action against a state governmental entity for violations of the texas constitution (D) holding that the constitution does not encompass a general right to nondisclosure of private information (E) recognizing private right of action

Ex Output:

(D)