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.
Input: CURIAM. Having considered the appellant's response to this Court's show cause order, dated June 30, 2008, we dismiss this appeal. The trial court's order does not appear to be final as it treated the appel lant's motion as a rule 3.850 motion and dismissed it without prejudice to file a proper rule 3.850 motion. Therefore, the trial court's order is a nonappealable, non-final order. See Lee v. State, 939 So.2d 154, 155 (Fla. 1st DCA 2006) (<HOLDING>); Williams v. State, 884 So.2d 374 (Fla. 2d DCA
Holding statements: (A) holding that the dismissal of a complaint ordinarily is a nonfinal nonappealable order since amendment generally is available while dismissal of the entire action ordinarily is final (B) holding dismissal without prejudice to refile a facially sufficient motion is a nonappealable nonfinal order (C) holding that an order that determines only the right to attorneys fees without setting the amount is a nonappealable nonfinal order (D) holding borough could not appeal dismissal of complaint without prejudice because dismissal without prejudice is comparable to a nonsuit under the former practice of lavf (E) holding that an order granting a motion or application to compel arbitration is nonappealable because it is not listed in the uaa arbitration provision and because it is not a final order
Output:
(B)