Noticed – no notice.

Perlman v. EKLS Firestopping & Construction is the latest opinion from the Fifth Court that affirms the denial of a TCPA motion to dismiss, when the communications and associations at issue were fundamentally private and business-related. The appellee sought an award of fees for a frivolous motion, but the Court reminded: “[Appellee], however, did  not file a notice of appeal, which is required to alter a trial court’s judgment or other appealable order. Under [Tex. R. App. P.] 25.1(c), we may not grant a party who does not file a notice of appeal ‘more favorable relief than did the trial court except for just cause . . . .” No. 05-18-00971-CV (June 28, 2019).