Whether an appellate court may sua sponte raise grounds for summary judgment, which were not noticed or preserved in the trial court

questions presented are as follows: 1. Whether an appellate court may sua sponte raise grounds for summary judgment, which were not noticed or preserved in the trial court. 2. Whether an appellate court is precluded from affirming summary judgment on a ground for which the non-movant was not given notice and opportunity to respond. (i) 3. Whether the United States Court of Appeals for the Fifth Circuit erred in this matter, by affirming summary judgment dismissal of a claim based on an “alternative” ground that had not been noticed and preserved. (iii)