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.

delivery to these individuals actually occurred. Sanderson asserted numerous causes of action against the defendants including civil rights and tort claims arising out of Sanderson's divorce action and his March'2003 arrest for felonious restraint. The felonious restraint charge was later dismissed. Sanderson's complaint in this lawsuit seeks damages for actions by Thomas and Martens while employed by Walsh County and actions by Judge Geiger while employed by the State of North Dakota. [ 3] Walsh County, Thomas, and Martens answered Sanderson's complaint and moved for summary judgment, seeking dismissal for lack of proper service of process. Judge Geiger also moved to dismiss, asserting the district court lacked personal jurisdiction over 2001 ND 101, 8-10, 627 N.W.2d 379 (<HOLDING>). [8] Sanderson's complaint asserts a number
Holding statements: (A) holding that a forum selection clause was not enforceable against defendants that were not parties to the contract (B) holding order dismissing action without prejudice based on contractual forum selection clause is final and appealable because it terminates the litigation in the plaintiffs chosen forum (C) holding that a permissive forum selection clause containing a waiver of any claims of forum non conveniens amounts to a mandatory forum selection clause at least where the plaintiff chose the designated forum (D) holding that when a forum selection clause designates an arbitral forum the proper remedy is dismissal (E) holding appealable dismissal where application of forum selection clause permanently put plaintiff out of district court
(E)

Anderson claims that the trial court findings do not justify the decision to "increase" his child support on August 1, 1987. In other words, appellant construes the trial court's 1987 decision as a modification downward to $250 followed by a modification upward to $400. This is a misconstruction of the trial court's order. As the majority opinion indicates, the court did not make an upward modification. It does not follow, however, that the trial court could act without making findings on appellant's ability to pay child support. Without findings on appellant's ability to pay, or another indication that the trial court considered the facts as to appellant's ability to pay, the law commands us to remand the case rather than to affirm. Moylan v. Moylan, 384 N.W.2d 859, 864-65 (Minn.1986) (<HOLDING>). The dictates of Moylan should be applied. The
Holding statements: (A) holding trial court has jurisdiction to reconsider new trial order as long as case is pending (B) holding that the supreme courts proper scope of review of a trial courts decision in a trial de novo of an assessment matter is whether the decision of the trial court was clearly erroneous (C) holding that a defendants attorney can waive the defendants sixth amendment confrontation right so long as the defendant does not dissent from his attorneys decision and so long as it can be said that the attorneys decision was a legitimate trial tactic or part of a prudent trial strategy (D) holding that it was improper for the trial court to instruct the jury that it could not consider the states failure to videotape the defendant (E) holding it improper to independently review the record to find support for a trial courts decision so long as it is unclear whether the trial court considered statutory factors
(E)

to apply a drug trafficking multiplier not employed at the prior sentencing to impose a sentence of seventy-two months. Trotter, 825 So.2d at 367-68. Similarly, in Roberts v. State, 547 So.2d 129, 130 (Fla.1989), the original trial judge imposed the maximum guidelines sentence of concurrent terms of twenty-seven years using an improperly calculated scoresheet. At resentencing, the new trial court imposed the same sentence by departing upward from the guidelines maximum of twenty-two years under the new score-sheet. We approved, holding "that it is proper for the judge to reconsider whether a departure from the guidelines is appropriate when the corrected guidelines score-sheet is before him on remand." Roberts, 547 So.2d at 131; see Roberts v. State, 644 So.2d 81, 81-82 (Fla.1994) (<HOLDING>). We have already referred to the attendant
Holding statements: (A) holding that at resentencing on violation of probation trial court may revise guidelines scoresheet to reflect prior convictions mistakenly omitted from the original through no fault of the defendant (B) holding that state may not revoke probation for nonpayment of fine where probationer is unable to pay through no fault of his own (C) holding that even though the defendant did not challenge his prior convictions at the original sentencing lawofthecase principles do not insulate the state from proving them at resentencing (D) holding habitual sentence rendered guidelines scoresheet irrelevant (E) holding that where original sentencing judge imposed a guidelines sentence defendant could not be sentenced as a habitual offender upon violation of probation
(A)