Chiara v. Belaustegui

OPINION

By the Court,

Mowbray, J.:

The principal issue presented for our consideration in this appeal is whether a 59(e) motion to alter or amend a judgment may be utilized to vacate a default judgment. 1 We rule that it may not be so used.

1. The Facts.

The respondents, who were the plaintiffs below, commenced a quiet-title action in the district court. The Chiaras, who are the appellants, answered the complaint and filed a counterclaim. Thereafter, respondents served interrogatories upon the appellants as provided by Rule 33. 2 The appellants failed to respond to the interrogatories within the…