In the Fifth Circuit Court of Appeals decision, Bartolowits v Wells Fargo they evaded the motion to amend by the usual call, first argument denial, e.g.
“Motion to Alter or Amend the Judgment. Bartolowits argues that the district court abused its discretion in denying the motion to alter or amend the judgment because Texas law prohibited Wells Fargo from making the tax payment on unsecured property and then charging it to the loan secured by the deed of trust.
“Rule 59(e) ‘motions cannot be used to raise arguments that could, and should, have been made before the judgment issued.’” Marseilles Homeowners Condo. Ass’n Inc. v. Fid. Nat. Ins. Co., 542 F.3d 1053, 1058 (5th Cir. 2008) (per curiam) (quoting Simon v. United States, 891 F.2d 1154, 1159 (5th Cir. 1990)).
Because this argument was made for the first time in the motion to alter or amend judgment, but could have been made prior to entry of judgment, we hold that the district court did not abuse its discretion in denying the motion. AFFIRMED. “
Before KING, HAYNES, and HIGGINSON