[NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit

No. 98-2275

ANNETTE BARTLE,

Plaintiff, Appellee,

v.

PALMAS DEL MAR RESORT, MAXXAM CORPORATION, MAXXAM PROPERTIES, INC., REX RESORTS, ROE CORPORATION 96CV1050 AND ABC INSURANCE CO.,

Defendants,

PALMAS DEL MAR PROPERTIES, INC.,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Salvador E. Casellas, U.S. District Judge]

Before

Torruella, Chief Judge, Campbell, Senior Circuit Judge, and Lynch, Circuit Judge.

Fernando D. Castro and Goldman, Antonetti & Cordova on brief for appellant.

June 7, 1999

Per Curiam. Upon careful review of defendants' brief and the record, we conclude that the district court did not abuse its discretion in dismissing without prejudice, notwithstanding defendants' motions for dismissal with prejudice. See Puerto Rico Maritime Shipping Authority v. Leith,

(1st Cir. 1981). The district court was not required in all the circumstances of this case to award fees and costs to defendants, even were we to assume that they sufficiently asked the district court for such awards. See

. And the district court correctly determined that defendants presented no grounds for amendment of the judgment under Fed. R. Civ. P. 59(e). Affirmed. See 1st Cir. Loc. R. 27.1.