In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-19-00282-CV HAROLD MILLER, Appellant § On Appeal from the 348th District Court V. § of Tarrant County (348-298642-18) § July 30, 2020 CONFORMIS, INC. AND JOSEPH BERMAN, Appellees § Opinion by Justice Birdwell JUDGMENT This court has considered the record on appeal in this case and holds that there was error in the trial court’s judgment. It is ordered that the judgment of the trial court is reversed and the case is remanded to the trial court for further proceedings consistent with this opinion.

It is further ordered that Conformis, Inc. and Joseph Berman shall pay all of the costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By /s/ Wade Birdwell Justice Wade Birdwell