instruction:
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.
question:
of the original note because the endorsement on the note in evidence did not match the endorsements on the copy of the note attached to the complaint. As argued by OneWest, the Cummings presented no testimony or evidence to contradict Mr. Den-son’s testimony that the note in evidence was the original note acquired by OneWest in May 2010. Likewise, the Cummings’ argument regarding the validity of the assignment of mortgage from MERS to In-dyMac is not relevant to OneWest’s standing to foreclose. Because the evidence showed that OneWest possessed the original note endorsed in blank at the time it filed the complaint, its standing is established from its status as the note holder regardless of any recorded assignments. See Stone v. BankUnited, 115 So.3d 411, 413 (Fla. 2d DCA 2013) (<HOLDING>) (quoting Mazine v. M & I Bank, 67 So.3d 1129, 
 Holding statements: (A) holding that there is no impermissible modification of the note because the very terms of the note allow for prepayment without a penalty (B) holding that the holder of the note must act in a manner that effectively provides notice that the holder has exercised his option (C) holding that because a mortgage provides the security for the repayment of the note the person having standing to foreclose a note secured by a mortgage may be either the holder of the note or a nonholder in possession of the note who has the rights of a holder (D) holding that where a mortgagee is acting on behalf of the note holder there is no disconnection between note and mortgage and the mortgagee may foreclose (E) holding that the note and the mortgage must coexist to give the mortgage validity
answer:
holding that there is no impermissible modification of the note because the very terms of the note allow for prepayment without a penalty


question:
F.3d 608, 612 (5th Cir.1996)). We conclude that, although the district court erroneously determined that the principles of Daubert did not apply to the re-creation and Agent Constantino’s testimony, the district court did not err in admitting the evidence. Under Daubert, the district court conducts a “preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts in issue.” Daubert, 113 S.Ct. at 2796; see Fed.R.Evid. 702 . This “gate-keeping” obligation on the part of the district court applies to all types of expert testimony, not just scientific testimony. See Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 1174, 143 L.Ed.2d 238 (1999) (<HOLDING>). Many factors may bear on this inquiry, 
 Holding statements: (A) holding that dauberts basic gatekeeping obligation  applies to all expert testimony (B) holding that the admission of expert testimony was prejudicial where the testimony was pervasive (C) recognizing the basic principle of contract law that the obligation of good faith is an implied condition in every contract (D) holding that insurance obligation was primary to indemnity obligation (E) holding that a request for funds for expert testimony must show inter alia that the testimony is crucial and is subject to varying expert opinions
answer:
holding that the admission of expert testimony was prejudicial where the testimony was pervasive


question:
“that an implied warranty to repair or modify existing tangible goods or property in a good and workmanlike manner is available to consumers suing under the DTPA.” Id. at 358-54. Although Nelda’s petition alleged a claim for breach of a common law implied warranty and a claim for breach of the DTPA implied warranty, “consumers of services do not have the protection of a ... common law implied warranty scheme.” See id. at 353. Following Melody Home, a claim for such a breach is available under the DTPA. Accordingly, we conclude the DTPA’s two-year statute of limitations applies. See Tex. Bus. & Com.Code Ann. § 17.565 (Vernon 2002) (limitations); see also Koehler v. Sears, Roebuck & Co., No. 05-98-01325-CV, 2001 WL 611453, at *5 (Tex.App.-Dallas June 6, 2001, no pet.) (mem. op.) (<HOLDING>); Howard v. Fiesta Tex. Show Park, Inc., 980 
 Holding statements: (A) holding statute of limitations for dtpa action including claim for breach of express or implied warranty under the dtpa is two years (B) holding that an implied warranty to perform services in a good and workmanlike manner is an action available under the dtpa and is subject to the twoyear limitations provided by the dtpa (C) holding plaintiff had to commence his breach of implied warranty action under the dtpa within two years because tjhis special statute of limitations denies plaintiffs alternative proposal of entitlement to recover for breach of the common law implied warranty (D) holding that texas law does not recognize an implied warranty that services incidental to helicopter maintenance will be performed in a good and workmanlike manner (E) holding that because the dtpa is the only way of pursuing an implied warranty claim for repairs to existing tangible goods such a claim must necessarily be brought within the twoyear dtpa limitations period
answer:

holding statute of limitations for dtpa action including claim for breach of express or implied warranty under the dtpa is two years


