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.

Q: 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

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
****
Q: 375 N.E.2d 1192 (1978). Two of Gunther's theories are easily eliminated. First, a plaintiff is a member of a protected class if she asserts "a claim based on sex discrimination as a pregnant woman." White v. University of Mass., 410 Mass. 553, 557, 574 N.E.2d 356 (1991). There is no allegation that Gunther's termination was motivated by animus toward her pregnancy because at the time of her discharge she was not pregnant and had been working for over eight months in a managerial position with equivalent salary. Second, to the extent that Gunther is claiming she was discriminated against as a single mother, she can not prevail. Parenthood is not listed as a protected class in the statute. See G.L. c. 151B, 4; cf. Upton v. JWP Businessland, 425 Mass. 756, 758-59, 682 N.E.2d 1357 (1997) (<HOLDING>). With respect to the claim of pure gender
Holding statements: (A) recognizing tort of wrongful discharge in violation of public policy (B) recognizing public policy exception to atwill doctrine (C) holding that it was not a violation of public policy for the defendant to discharge the plaintiff an atwill employee because she was a single mother unwilling to work newly imposed long hours (D) holding that an employee could maintain a claim for constructive discharge in violation of virginias public policy exception to the employment atwill doctrine (E) holding that an atwill employee may not recover for discriminatory discharge under section 1981 because the atwill relationship was not sufficiently contractual under tennessee law

A: recognizing tort of wrongful discharge in violation of public policy
****
Q: claims. Case Nos. 75958 and 75961 represent appeals by the plaintiffs from the latter ruling, while Case Nos. 75959, 75960, 75962, and 75963 represent separate cross-appeals by the defendants from the former rul ing. Held: 1. The validity of a renewal action filed pursuant to OCGA 9-2-61 (a) is contingent upon compliance with OCGA 9-11-41 (d), which provides as follows: "Cost of previously dismissed action. If a plaintiff who has dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the plaintiff shall first pay the court costs of the action previously dismissed." (Textual emphasis supplied.) See Little v. Walker, 250 Ga. 854 (301 SE2d 639) (1983). See also Tucker v. Mitchell, 252 Ga. 545 (314 SE2d 896) (1984) (<HOLDING>). In reliance on such recent decisions as Hiley
Holding statements: (A) holding that laches is an affirmative defense (B) holding that the exclusivity of workers compensation is an affirmative statutory defense which must be timely raised or it is waived (C) holding that fair use is an affirmative defense (D) holding that payment of costs in a dismissed action is not an affirmative defense but a jurisdictional matter which may never be waived (E) holding that exhaustion requirement in bj997ea is an affirmative defense that may be waived or forfeited

A:
holding that laches is an affirmative defense
****