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.
Q: from the instant case, which involves a timely appeal from a final judgmen 1, 98 S.Ct. 2170, 57 L.Ed.2d 43 (1978) (“A mistake in designating the judgment appealed from is not always fatal, so long as the intent to appeal from a specific ruling can fairly be inferred by probing the notice and the other party was not misled or prejudiced.”); Foman v. Davis, 371 U.S. 178, 181-82, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962) (“The Federal Rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits.”) (internal quotation marks omitted); LeBoon v. Lancaster Jewish Community Center Association, 503 F.3d 217, 225, n. 6 (3rd Cir.2007) (<HOLDING>); KH Outdoor, LLC v. City of Trussville, 465 
 Holding statements: (A) holding that because record did not contain notice of appeal in compliance with rule 3 there was no appellate jurisdiction and appeal must be dismissed (B) holding that the same principles of commonsense  that led the court  to conclude that the technical requirements for a notice of appeal were not mandatory where the notice did not mislead or prejudice the appellee demonstrate that parties to an appeal may waive the separatejudgment requirement of rule 58 (C) holding that the court did not have jurisdiction to hear an appeal after an untimely filing of a notice of appeal (D) holding that technical inadequacy in the notice of appeal did not deprive the court of jurisdiction (E) holding the court lacked jurisdiction where the defendant failed to file a notice of appeal on the attorneys fee issue because a supplemental notice of appeal is required for us to have jurisdiction over an attorneys fees issue that becomes final subsequent to the initial notice of appeal
A: 
(D)