In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-20-00009-CV
REX PERFORMANCE PRODUCTS, LLC, § On Appeal from the 141st District Court
Appellant
§ of Tarrant County (141-314043-19)
V. § December 31, 2020
JAMES DONALD TATE AND MICHAEL § Memorandum Opinion by Justice Womack
CUFFIA, Appellees
JUDGMENT
This court has considered the record on appeal in this case and holds that there
was error in part of the trial court’s judgment. It is ordered that the judgment of the
trial court is affirmed in part and reversed in part. We affirm that portion of the trial
court’s judgment granting summary judgment on the claim against James Donald Tate
for breach of common law fiduciary duty for downloading a virus on Rex
Performance Product’s computer. We reverse the remainder of the trial court’s
judgment granting James Donald Tate and Michael Cuffia’s motion for summary
judgment and remand those matters for a new trial.
It is further ordered that all parties shall bear their own costs of this appeal, for
which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Dana Womack
Justice Dana Womack