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. 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.
PROBLEM: fees, an award of reasonable fees is mandatory, as long as there is proof of reasonable fees ... and the plaintiff has been awarded damages.” Mathis v. Exxon Corp., 302 F.3d 448, 462 (5th Cir.2002), citing Tex. Civ. Peac. & Rem. Code Ann. § 38.001(8) (Vernon 2002). Accord Coffel v. Stryker Corp., 284 F.3d 625, 640 (5th Cir.2002) (“[t]he award of reasonable attorneys’ fees is mandatory under § 38.001 if the plaintiff prevails in his or her breach of contract claim and recovers damages”). The only discretion the Fifth Circuit permits is discretion to determine the amount of the attorney’s fees award. See id. The availability of a section 38.001 award is not conditioned on a contractual provision for attorney’s fees. See, e.g., Holland v. Wal-Mart Stores Inc., 1 S.W.3d 91, 95 (Tex. 1999) (<HOLDING>); Golden v. Murphy, 611 S.W.2d 914, 915 
 Holding statements: (A) holding award of attorneys fees to party prevailing on contract claim is mandatory under section 38001 if there is proof of the reasonableness of the fees (B) holding that prevailing party to contract dispute may recover attorneys fees either pursuant to contract or pursuant to statute (C) holding that prevailing party was entitled to attorneys fees under an option contract which had expired prior to litigation because the parties were litigating their performance under the terms of the contract (D) holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees (E) holding defendant waived request for fees pursuant to contract provision by only generally referring to fees in the answer and not citing the contract

SOLUTION: (B)

PROBLEM: should be drawn from the defendant's failure to call his accomplices to testify. The prosecutor remarked only that Mitchell had the power to subpoena witnesses, and that the defense could do so "if they thought it would contradict something [the State! presented.” In light of defense counsel’s earlier statements that "clearly you have a situation where a misidentification could take place,” and that the jury should be able to see Corprew, Cochran, and Henderson in the courtroom, the prosecutor's remarks did not relate to the substance of those witnesses’ potential testimonies. Had the prosecutor inferred that Corprew, Cochran, and Henderson would have testified unfavorably to the defense, that inference might well have conflicted with Christensen, 274 Md. at 140-41, 333 A.2d at 49 (<HOLDING>). Nevertheless, we conclude that the 
 Holding statements: (A) holding that trial court has discretion to permit defendant to call accused witness to stand and permit witness to invoke fifth amendment privilege in front of jury where entire defense was centered on witness commission of crime (B) holding that sixth amendment only requires that witness be brought to court not that he be required to take witness stand after refusing to testify and observing that it is irrelevant whether the witnesss refusal is grounded in a valid fifth amendment privilege an invalid privilege or something else entirely (C) holding that an adverse inference cannot be drawn from a defendants failure to call a witness if the states evidence establishes that the witness is an accomplice who would be entitled to assert a fifth amendment privilege (D) holding that witness was not an accomplice in distributing marijuana to himself (E) holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify

SOLUTION: (C)

PROBLEM: at *13-*14. We overrule Palavan’s third and fifth issues. Declaratory Judgment Action In his fourth issue, Palavan argues the county court improperly granted summary judgment on McCulley and TBW Development’s declaratory judgment action. Even if we agreed with Palavan, however, he has failed to establish how he has been injured by a dismissal of McCulley and TBW Development’s declaratory judgment action. See CBS Outdoor, Inc. v. Potter, No. 01-11-00650-CV, 2013 WL 269091, at *17 (Tex.App.—Houston [1st Dist.] Jan. 24, 2013, pet. denied) (mem.op.) (“In order to obtain reversal on appeal, the appellant must show that it suffered harm as a result of an alleged error.”). We overrule Palavan’s fourth issue. Conclusion We affirm the judgment of the trial court. 1 . See Palavan (Tex.2008) (<HOLDING>); Walling v. Metcalfe, 863 S.W.2d 56, 58 
 Holding statements: (A) holding that what constitutes a criminal instrument is determined by both its design or adaptation and its intended use (B) holding nature of motion is determined by its substance not its title (C) holding that because pleadings are to be liberally construed if the nature of the motion is clear from its substance an improper caption is not fatal (D) holding that possession of a controlled substance is a crime only if the defendant knowingly possesses the substance and has knowledge of the nature of that substance (E) holding that the economic substance of a transaction rather than its form determines its tax treatment

SOLUTION:
(B)