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.

Input: Consider Input: n. 7, 713 P.2d at 960 n. 7 (1986) ("Counsel has no right to cast upon the court the burden of searching through a voluminous record to find the ground of an objection. It is counsel's duty to cite accurately the portions of the record supporting counsel's position." (Internal citation omitted.)); Hoang, 93 Hawaii at 336, 3 P.3d at 602 (2000) ("Because the factual basis of [appellant's] alleged point of error is not part of the record on appeal, this court has no basis upon which to rule on the merits of his claim." (Citation omitted.)) Even if Appellants' allegations of fraudulent inducement are taken at face value, they fall short of "clear and convincing" evidence of fraudulent inducement. Honolulu Federal Savings & Loan Ass'n v. Murphy, 7 Haw. App. 196, 202, 753 P.2d 807, 812 (1988) (<HOLDING>). At a more fundamental level, they do not
Holding statements: (A) holding that a finding of fraud may be reversed only for clear error but that the finding must be judged in view of the clear and convincing burden of proof (B) holding that despite the lack of a statutory requirement that severe child abuse be shown by clear and convincing evidence due to the consequences of such a finding the clear and convincing standard must be applied (C) holding that the standard of proving fraudulent inducement with respect to written contracts is extremely high and a written contract will be cancelled only in a clear ease of fraud supported by clear and convincing evidence citations omitted (D) holding that fraud on the court must be supported by clear unequivocal and convincing evidence (E) holding clear and convincing standard to prove fraud or fraudulent intent and preponderance of the evidence to prove other elements under 727

Output: holding that a finding of fraud may be reversed only for clear error but that the finding must be judged in view of the clear and convincing burden of proof

Input: Consider Input: performance is a matter that lies within the sound discretion of the trial court. Jordan v. Boisvert, 632 So.2d 254, 256 (Fla. 1st DCA 1994). While forfeitures are not favored, a forfeiture will be enforced where it is clear that the parties intended such a result. Nelson v. Hansard, 143 Fla. 898, 197 So. 513, 514 (1940). However, due to this harsh result, a court of equity will "always mitigate forfeitures when it can be done without doing violence to the contract of the parties." Rader v. Prather, 100 Fla. 591, 130 So. 15, 16-17 (1930) (citing McCaskill v. Union Naval Stores Co., 59 Fla. 571, 52 So. 961, 962 (1910)). A court of equity, though, will not grant relief from a situation traceable to a party's own neglect, gross negligence, or willful and persistent vio 37, 538 (Fla.1953) (<HOLDING>). Here, the parties intended that a forfeiture
Holding statements: (A) holding that the equities involved did not lead to an unconscionable result where purchaser planned to use the land for a particular purpose and brought lumber to the site after he defaulted on the agreement (B) holding that a cause of action for damages to property resulting from a permanent nuisance accrues to the owner of the land at the time the injury begins to affect the land and mere transfer of the land by deed does not transfer the claim for damages (C) holding that a later concession to strike an unconscionable term does not change the fact that the arbitration agreement as written is unconscionable and contrary to public policy (D) holding where exempt organization was in possession of real property under land contract obligating organization to pay the purchase price and use land for exempt purpose the association was the owner of the land within the meaning of the statute (E) holding that land sales contracts were not securities because they involved no investment in an enterprise even if land was bought on expectation that development of the area would increase the value of the land

Output: holding that a cause of action for damages to property resulting from a permanent nuisance accrues to the owner of the land at the time the injury begins to affect the land and mere transfer of the land by deed does not transfer the claim for damages

Input: Consider Input: dismissed by the district court as alleging only one cognizable federal cause of action, that is, for arrest without probable cause. We also hold that the defendants sufficiently pleaded qualified immunity with respect to count one. 8 . The insufficiency of counts two and three, which were dismissed for reasons other than qualified immunity, is not before us under the collateral order doctrine which permits us to consider the immunity issue. See Schmelz v. Monroe County, 954 F.2d 1540, 1542-43 (11th Cir.1992). Nor does this case present us with an opportunity to exercise pendent appellate jurisdiction to pass on the propriety of the district court's disposition with respect to these counts. See Swint v. Chambers County Comm'n, U.S. , , 115 S.Ct. 1203, 1211-12, 131 L.Ed.2d 60 (1995) (<HOLDING>). The district court's dismissal of these two
Holding statements: (A) holding that pendent jurisdiction allows review of an unappealable order if it is inextricably intertwined with an appealable one (B) recognizing the rulings in cook and weinberg and holding that the appellate court lacked jurisdiction to review an order that was not a preliminary ruling upon which the appealed order was predicated (C) holding that an appellate court may not exercise pendent appellate jurisdiction to review a nonfinal district court order where the merits of the nonfinal order are not inextricably intertwined with the properly appealed collateral order or where review of the former is not necessary to ensure meaningful review of the latter (D) holding that certiorari petition is appropriate to review nonfinal pretrial evidentiary order in criminal case (E) holding that an order requiring an employercarrier to provide an ime is a nonfinal order for purposes of invoking appellate jurisdiction
Output: holding that pendent jurisdiction allows review of an unappealable order if it is inextricably intertwined with an appealable one