Read the following excerpt from a US court opinion:
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spent more time on Mar Oil matters after the New York action was dismissed than he had prior to and during the action is unsupported and seems so improbable that, on the basis of all the evidence, we are left with the firm conviction that a mistake was made. Since the court made no explicit finding of the number of hours Morrissey spent in service of Mar Oil after January 26, 1983, and its implicit finding was clearly erroneous, and since the record provides no clear quantification of those hours, we remand to the district court for a further finding on this question. Second, we have difficulty with the fee award because the court applied its $200/ hour rate to all of the time spent by Morrissey. Application of a judicially calculated reasonable rate .S.2d 285, 288 (1st Dep’t) , appeal dismissed, 69 N.Y.2d 1028, 517
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What is the most suitable continuation to the opinion? Your options are:
A. holding that plaintiff could recover money mistakenly paid in excess of contract price
B. holding defendant that did not present its own claim under chapter 38 could not recover attorneys fees
C. holding that attorneys could not recover fees in excess of amount billed
D. holding that court of appeals erred by rendering judgment for full amount of attorneys fees sought after reversing 0 fee award because jury awarded less in damages than amount sought and therefore uncontroverted attorney testimony on amount of attorneys fees did not establish amount of reasonable and necessary fees as a matter of law
E. holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees
Reply with [A, B, C, D, E] only.