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- Chapter 9 Miscellaneous Business Causes of Action — Business Causes of Action Expressly not Recognized in Texas
Chapter 9-15 Perjury
Jurisdiction | United States |
9-15 Perjury
9-15:1 Overview
Generally, a person perjures himself when he makes a false statement while under oath with the intent to deceive.77 Simple perjury is a Class A misdemeanor, while aggravated perjury is a third degree felony.78
9-15:1.1 Related Causes of Action
Common Law Fraud, Statutory Fraud
MUST READ CASES
Long v. Tanner, 170 S.W.3d 752 (Tex. App.—Waco 2005, pet. denied)
Prostok v. Browning, 112 S.W.3d 876 (Tex. App.—Dallas 2003), aff'd in part, rev'd in part, 165 S.W.3d 336 (Tex. 2005)
9-15:2 Expressly Rejected in Texas
Texas courts have expressly rejected an independent cause of action for perjury79based on the well settled premise that the Texas Penal Code does not create private causes of action.80 Courts will look to both the form and substance of a plaintiff's pleadings to determine whether the plaintiff has pleaded the non-existent cause of action for perjury.81 Moreover, perjury is a form of intrinsic fraud and therefore cannot be used as a means to collaterally attack a final judgment.82
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Notes:
[77] Tex. Pen. Code Ann. § 37.02.
[78] Tex. Pen. Code Ann. §§ 37.02-37.03.
[79] Long v. Tanner, 170 S.W.3d 752, 755 (Tex. App.—Waco 2005, pet. denied); Spurlock v. Johnson, 94 S.W.3d 655, 658 (Tex. App.—San Antonio 2002, no pet.); see Trevino v. Ortega, 969 S.W.2d 950, 953 (Tex. 1998) (dicta).
[80] Spurlock v. Johnson, 94 S.W.3d 655, 658 (Tex. App.—San Antonio 2002, no pet.).
[81] Prostok v. Browning, 112 S.W.3d 876, 915 (Tex. App.—Dallas 2003) aff'd in part, rev'd in part, 165 S.W.3d 336 (Tex. 2005).
[82] Browning v. Prostok, 165 S.W.3d 336, 347-48 (Tex. 2005).
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- Chapter 9 Miscellaneous Business Causes of Action — Business Causes of Action Expressly not Recognized in Texas
- Chapter 9-1 Action Against Opposing Attorney
- Chapter 9-2 Confession of Judgment in Pre-Suit Instrument
- Chapter 9-3 Conspiracy to Breach Contract
- Chapter 9-4 Conversion of Real Property
- Chapter 9-5 Detrimental Reliance as Independent Tort Claim
- Chapter 9-6 Embracery (Jury Tampering)
- Chapter 9-7 Common Law Shareholder Oppression
- Chapter 9-8 Grossly Negligent Inducement of Contract
- Chapter 9-9 Invasion of Privacy (False Light)
- Chapter 9-10 Negligent Defense of Insured by Insurer
- Chapter 9-11 Negligent Infliction of Emotional Distress
- Chapter 9-12 Negligent Investigation of Employee Misconduct
- Chapter 9-13 Liability of Successor for Tortious Conduct of Predecessor
- Chapter 9-14 Wrongful Expulsion of Whistleblowing Partner
- Chapter 9-15 Perjury
- Chapter 9-16 Prima Facie Tort
- Chapter 9-17 Retaliatory Discharge for Perception of Participation in Protected Activity
- Chapter 9-18 Retaliatory Discharge for Protected Act of Third Party
- Chapter 9-19 Spoliation of Evidence
- Chapter 9-20 Tortious Interference with Fiduciary Duty
- Chapter 9-21 Breach of Implied Warranty of Professional Services
- Chapter 9-22 Whistleblower Action: Protection of Private Sector Employee
- Chapter 9-23 Oil and Gas Litigation—Implied Covenant to Further Explore
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