Detailed Instructions: 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.
Problem:stacking claim arises from the same certified order Continental appeals. Yet, the claim "appears to be a 'cross-petition' within the compass of Rule 5, which must be timely filed." Id. The Munroes' failure to timely file their cross petition does not preclude review of the stacking issue. The Munroes cross-appeal the same certified order Continental appeals. See Tristani, 652 F.3d at 366 (finding that a grant of appellant's leave to appeal pursuant to 1292(b) gives the court jurisdiction over the entire certified order of the district court, "including any portions that were decided in the appellant's favor" even though appel-lees failed to properly cross-appeal). Rule 5(b)(2) is not jurisdictional. See Kontrick v. Ryan, 540 U.S. 443, 452-56, 124 S.Ct. 906, 157 L.Ed.2d 867 (2004) (<HOLDING>). This court granted the petition to
Holding statements: (A) holding that failure to comply with statutory prerequisite deprived the courts of subjectmatter jurisdiction (B) holding that nonstatutory rules of proce dure are not jurisdictional because only congress may determine a federal courts subjectmatter jurisdiction (C) holding that judicial analysis of the preemption under 1144 cannot help a federal court determine whether it has subjectmatter jurisdiction (D) holding that standing is component of subjectmatter jurisdiction and subjectmatter jurisdiction is essential to courts authority to hear case (E) holding that standing is component of subjectmatter jurisdiction
Solution:
holding that failure to comply with statutory prerequisite deprived the courts of subjectmatter jurisdiction