PJC Malpractice 2024

J OINT AND S EVERAL L IABILITY

PJC 72.12

PJC 72.12

Question and Instructions—Fraudulent Securing of Document Execution as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(K))

QUESTION ______ Did Don Davis , with the specific intent to do harm to others, act in concert with [ name(s) of person(s) or entity(ies) with whom or with which Don Davis acted in concert ] to fraudulently secure execution of a document that was a proximate cause of the damages, if any, to Paul Payne ? Don Davis acts with specific intent to do harm with respect to the nature of Don Davis ’s conduct and the result of [ name(s) of person(s) or entity(ies) with whom or with which Don Davis acted in concert ]’s conduct when it is [ name(s) of person(s) or entity(ies) with whom or with which Don Davis acted in con cert ]’s conscious effort or desire to engage in the conduct for the purpose of doing substantial harm to others. A person commits the offense of fraudulently securing execution of a docu ment if the person, with intent to defraud or harm any person— 1. causes another person, without that person’s effective consent, to sign or execute any document affecting property or service or the pecuniary interest of any person; or 2. causes a public servant, without the public servant’s effective con sent, to file or record any purported judgment or other document purporting to memorialize or evidence an act, an order, a directive, or process of— a. a purported court that is not expressly created or established under the constitution or the laws of this state or of the United States; or b. a purported judicial entity that is not expressly created or established under the constitution or laws of this state or of the United States; or c. a purported judicial officer of a purported court or purported judicial entity described by paragraph a or b.

Answer “Yes” or “No.” Answer: _______________

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