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.
Q: refer to the road by its correct designation, despite, its description as "state highway 27" throughout the record below. 2 . We note that, in response to INDOT's motion to dismiss, Union County designated an affidavit of its sanitarian, which is evidence outside of the pleadings and thus would ordinarily convert this matter into a motion for summary judgment, since it was not expressly excluded by the trial court. See Ind. Trial Rule 12(B). However, it is apparent from the trial court's disposition of this motion that the designated affidavit played no part in its decision. Thus while it was error for the trial court to not formally exclude the affidavit in its order, that error was harmless. Cf. Reich v. Lincoln Hills Christian Church, Inc., 888 N.E.2d 239, 244 (Ind. Ct. App. 2008) (<HOLDING>). We therefore shall examine this case from a
Holding statements: (A) holding that the courts denial of either a motion to dismiss or a motion for summary judgment is not a final judgment and is not reviewable (B) holding the trial courts failure to convert a motion to dismiss into a motion for summary judgment after an affidavit was filed in response to the motion was harmless error where the affidavit had no impact on thedecisive statute of frauds issue (C) holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion (D) holding that a trial court is not required to convert a motion to dismiss to a motion for summary judgment where external evidence is submitted if the external evidence is irrelevant to the issue (E) holding that district court has discretion when deciding to convert a defendants motion to dismiss to a motion for summary judgment
A:
holding that the courts denial of either a motion to dismiss or a motion for summary judgment is not a final judgment and is not reviewable