Appellant, Marlyn Tracey, has filed an Amended Motion for Rehearing and Rehearing En Banc Regarding the Remedy Imposed Upon Remand. We grant the amended motion for rehearing but deny the amended motion for rehearing en banc. The prior opinion dated March 23, 2018, is accordingly withdrawn, and the attached opinion is issued in its place. No further motions for rehearing will be entertained.
Marlyn Tracey appeals a final judgment foreclosing Wells Fargo Bank, N.A.'s mortgage on her home. Ms. Tracey raises two issues on appeal. Finding merit in her first argument, we need not consider the second. The circuit court reversibly erred when it permitted Wells Fargo to amend its complaint during trial to conform to the evidence it presented of two unpled modification agreements.
*1154I.
The underlying litigation began on June 9, 2011, when Wells Fargo filed a complaint seeking to foreclose upon a mortgage on Ms. Tracey's property. The original complaint included as exhibits Ms. Tracey's promissory note, mortgage, and two loan modification agreements, dated May 8, 2009, and July 17, 2009, respectively. As originally filed, Wells Fargo's complaint specifically alleged that Ms. Tracey's breach of the modification agreements predicated its claim for relief.
Following an involuntary dismissal of that pleading, Wells Fargo changed tack with respect to its theory of recovery. On September 5, 2012, it filed an amended complaint, what would become the operative pleading for the remainder of this case, in which no mention was made of the previously asserted and attached modification agreements. For her part, Ms. Tracey's answer and affirmative defenses to the amended complaint did not raise either of these modification agreements as an avoidance to any part of Wells Fargo's claim. So, seemingly, whatever importance these modification agreements may have had-either as a basis for Wells Fargo's recovery or as an avoidance to it-was abandoned as an issue for adjudication. The case then progressed in a not unordinary course for a residential mortgage foreclosure proceeding.
When the case went to trial four years later, Wells Fargo changed course yet one more time, reverting back to the modification agreements as a basis for its cause of action. Over objection, Wells Fargo admitted both modification agreements into evidence and called two witnesses who explained the succession of the note, Ms. Tracey's payment history, and that the balance was due and owing based upon the note and modification agreements. Wells Fargo's counsel argued that the omission of the modification agreements from the amended complaint was a "mistake or inadvertence" but that, in all events, their inclusion as part of its claim for relief visited no prejudice on Ms. Tracey because she signed the agreements and they were attached to a pleading-albeit the original, abandoned complaint. Ms. Tracey maintained that she was prejudiced by the change in Wells Fargo's theory of the case because she was unable to prepare her defense for an issue she had thought was abandoned four years earlier. Indeed, she testified that she was under the impression that the loan modification agreements Wells Fargo introduced had never progressed beyond proposals: she received only blank envelopes from Wells Fargo regarding the agreements, and when she attempted to inquire about their status by telephone was directed to a call center in Bangladesh. Nevertheless, the circuit court granted Wells Fargo's motion and, following the conclusion of the trial, entered the final judgment of foreclosure-premised on the mortgage, promissory note, and both loan modification agreements-that we now have before us.
A circuit court's decision to amend the pleadings to conform to the evidence under Florida Rule of Civil Procedure 1.190(b) is one we review for abuse of discretion. Turna v. Advanced Med-Servs., Inc., 842 So.2d 1075, 1076 (Fla. 2d DCA 2003). Our review here requires us to examine a particular aspect of rule 1.190(b) :
Amendments to Conform with the Evidence. When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party *1155at any time, even after judgment, but failure so to amend shall not affect the result of the trial of these issues. If the evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended to conform with the evidence and shall do so freely when the merits of the cause are more effectually presented thereby and the objecting party fails to satisfy the court that the admission of such evidence will prejudice the objecting party in maintaining an action or defense upon the merits.
(Emphasis added.)
Without question, Ms. Tracey objected to Wells Fargo's reassertion of the loan modification agreements as a basis for its recovery at trial. She did not try Wells Fargo's claim on two modification agreements by express or implied consent. The question before us, then, is whether the circuit court's finding that she was not prejudiced by the late amendment amounted to an abuse of discretion. Under these facts, we hold that it was.
Few courts have attempted to lay hold of the precise measure of "prejudice" that rule 1.190(b) contemplates when a party objects to a motion to amend a pleading to conform to the evidence.1 Cf. Smith v. Mogelvang, 432 So.2d 119, 123 (Fla. 2d DCA 1983) ("There is a limit, which cannot be precisely delineated ... beyond which parties may not depart from their pleadings."). But a few guiding principles can be discerned. First and foremost, a court must be mindful of the larger purpose that pretrial pleadings fulfill in civil litigation-pleadings function as a safeguard of due process by ensuring that the parties will have prior, meaningful notice of the claims, defenses, rights, and obligations that will be at issue when they come before a court. See Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So.2d 1244, 1252 (Fla. 2008) (" 'Florida law clearly holds that a trial court lacks jurisdiction to hear and to determine matters which are not the subject of proper pleading and notice,' and '[t]o allow a court to rule on a matter without proper pleadings and notice is violative of a party's due process rights.' " (alteration in original) (emphasis omitted) (quoting Carroll & Assocs., P.A. v. Galindo, 864 So.2d 24, 28-29 (Fla. 3d DCA 2003) ) ); Hart Props., Inc. v. Slack, 159 So.2d 236, 239 (Fla. 1963) ("[I]ssues in a cause are made solely by the pleadings .... [The purpose of pleadings] is to present, define and narrow the issues, and to form the foundation of, and to limit, the proof to be submitted on the trial."); Land Dev. Servs., Inc. v. Gulf View Townhomes, LLC, 75 So.3d 865, 871 (Fla. 2d DCA 2011) ("Due process protections prevent a trial court from deciding matters not noticed for hearing and not the subject of appropriate pleadings." (quoting Mizrahi v. Mizrahi, 867 So.2d 1211, 1213 (Fla. 3d DCA 2004) ) ); Rankin v. Rankin, 258 So.2d 489, 491 (Fla. 2d DCA 1972) ("We simply say that the pleadings must be such as to afford both parties due process."). It must also be remembered that rule 1.190(b), like all the rules of civil procedure, aims "to prevent the use of surprise, trickery, bluff and legal gymnastics." Surf Drugs, Inc. v. Vermette, 236 So.2d 108, 111 (Fla. 1970) ; see also *1156Massey-Ferguson, Inc. v. Santa Rosa Tractor Co., 366 So.2d 90, 93 (Fla. 1st DCA 1979) ("The trial judge aptly stated: 'The purpose of pleadings is to make issues. The purpose of issues is for people to know what they've got to meet and get ready to meet it.' ").2
Prejudice, then, under rule 1.190(b), appears to turn on whether a litigant's right to notice of what to prepare for at trial has been infringed. See, e.g., GGB Profit Sharing P'ship v. Goldberg, 166 So.3d 847, 849 (Fla. 2d DCA 2015) (holding it was error to allow amendment to complaint to conform to the evidence so that plaintiff could change his theory of recovery from restitution to one based on his status as a beneficiary of a trust; "[b]ecause paragraph 6 [of the complaint] was not adequate to put GGB on notice of Goldberg's alternative theory, it was error for the trial court to consider it"); Bachman v. McLinn, 65 So.3d 71, 74 (Fla. 2d DCA 2011) (concluding that the trial court erred in allowing the father to amend pleadings to conform to evidence at trial over the mother's objections because it "deprived the [m]other of the opportunity to prepare for the case that [the father] actually presented rather than for the one he pleaded, which was what she was expecting to defend"); Buday v. Ayer, 754 So.2d 771, 772 (Fla. 2d DCA 2000) (reversing amendment of counterclaim to conform to the evidence where the original counterclaim sought specific performance and declaratory relief in a real property dispute but the counterclaimant pursued a claim for money damages at trial; "[n]othing in this case indicates that Ms. Buday was on notice that Mr. Ayer sought monetary damages; she had no reason to anticipate such a claim before the trial's commencement"); Dean Co. v. U.S. Home Corp., Inc., 485 So.2d 438, 439 (Fla. 2d DCA 1986) (concluding that it was "obvious[ ] ... error" for the trial court to permit a third-party plaintiff to amend its complaint for indemnification to include a claim for contribution at the conclusion of trial because "[the third-party defendant] Dean entered the trial of the third[-]party claim knowing ... that Dean had only to defend against U.S. Home's attempt to thrust upon it the entire responsibility for the roof's failure.... Dean's counsel had no reason to develop evidence during the trial of the third[-]party action that would have shed light on the percentage, if any, of the damages sustained by the Association to be borne by Dean"); Fed. Home Loan Mortg. Corp. v. Beekman, 174 So.3d 472, 476 (Fla. 4th DCA 2015) (reversing entry of order granting a loan modification where note holder "was denied an opportunity to defend against the issue of loan modification and could have offered additional evidence had the issue been pled"); Kind v. Gittman, 889 So.2d 87, 91 (Fla. 4th DCA 2004) (affirming trial court's refusal to permit a "[midtrial] amendment to introduce a new and different cause of action for breach of contract ... [that] would *1157have required additional discovery and possibly additional witnesses").
Viewed in the light of these holdings, Ms. Tracey clearly suffered prejudice when the circuit court permitted the amendment of Wells Fargo's complaint to conform to the evidence over her objection. Two contracts that she believed had never been formed (and that Wells Fargo had abandoned as a basis of recovery when it filed its amended complaint) became a featured point of Wells Fargo's foreclosure cause of action against her. Cf. Rattigan v. Cent. Mortg. Co., 199 So.3d 966, 967 (Fla. 4th DCA 2016) (reversing a final foreclosure judgment when "[t]he Bank was clearly proceeding under the modified note, i.e., a different note"). Ms. Tracey would have had no reason to prepare any kind of defense to these unpled modification agreements and, in fact, would have reasonably assumed that they would not be a feature in the trial at all. See Raymond, James & Assocs. v. Zumstorchen Inv., Ltd., 488 So.2d 843, 844 (Fla. 2d DCA 1986) ("[I]n filing [an amended] complaint, the pleader causes the new complaint to become a substitute for the prior pleading."); Eigen v. Fed. Deposit Ins. Corp., 492 So.2d 826, 827 (Fla. 2d DCA 1986) ("Normally, an original pleading is superseded where an amended pleading does not express an intention to save any portion of it."). Yet, the breach of the modification agreements became an integral part of the basis of Wells Fargo's theory of recovery as well as the final judgment the circuit court ultimately entered. Under these facts, allowing Wells Fargo to amend its complaint at trial was an abuse of discretion, and so we must reverse the court's final judgment.
II.
Having reversed the judgment of foreclosure, the question arises as to what is the appropriate scope of remand. It is an issue that is becoming more and more frequently disputed in appeals concerning residential mortgage foreclosure cases. Indeed, it is the sole issue that precipitated a rehearing motion from the prevailing appellant here. We endeavor to resolve it below.
A.
In her rehearing motion, Ms. Tracey observes that our court has in recent years issued varying remand instructions within our residential foreclosure opinions-sometimes we will order a new trial; sometimes we may direct the lower court to enter a judgment; still other times, we will remand for the entry of an involuntary dismissal.3 It is an accurate observation.4
*1158Even with the discrete issue before us here, a pleading issue, we find varying and conflicting decisions about what constitutes an appropriate remand. Compare Beekman, 174 So.3d at 477 (reversing judgment of foreclosure premised on an unpled modification agreement and remanding for new trial), and Brumlik v. Palmer, 407 So.2d 1058, 1059 (Fla. 5th DCA 1981) ("Because neither the pleadings, amendments nor proof support the relief granted, we reverse and remand for repleading and retrial."), with Buday, 754 So.2d at 773 (reversing final judgment on counterclaim that was improperly amended at trial to pursue additional damages and remanding to strike that portion of the award from the judgment), and Freshwater v. Vetter, 511 So.2d 1114, 1115 (Fla. 2d DCA 1987) ("We think the trial judge abused his discretion in this case by allowing Freshwater to amend his pleadings to state a cause of action against Vetter individually on a fraud theory after the close of Freshwater's case.... Accordingly, we vacate the judgment entered against Vetter individually ... [and] direct the trial court to enter an amended judgment consistent with this opinion."), and Dean, 485 So.2d at 440 (reversing judgment premised on motion to amend to conform to the evidence and directing trial court to enter judgment in favor of third-party defendant), and *1159Robbins v. Newhall, 692 So.2d 947, 950 (Fla. 3d DCA 1997) (reversing and remanding for entry of judgment in favor of appellant; "Newhall prevailed at trial on an unpled claim, over Dr. Robbins' timely objection. There must be a directed verdict for Dr. Robbins on this claim."). Cases may turn on different substantive issues, but why or whether a particular issue merits a different kind of remand direction is a point our appellate decisions seldom elucidate.
In truth, it is rare for an appellate opinion to offer a comprehensive justification for its scope of remand. Yet, remand is a vitally important component of any appellate decision, particularly for the litigants who, depending on a decision's remand instruction, may either find themselves completely vindicated in their civil dispute or forced to retry its merits all over again. Beyond the individual parties, conflicting remand instructions could present inconsistent, even misleading, signals to litigants in other civil cases about what remedy they may anticipate from an appellate court's review. Our colleague, Judge Salario, recently wrote about the potential jurisprudential repercussions of disparate remand directions:
My point, however, is that we are making decisions about when a foreclosure plaintiff gets an involuntary dismissal or a new trial based on considerations that do not bear an obvious relationship to the rule governing the consequences of a party's failure to meet its burden of proof that we apply in cases other than foreclosures and that we may not be able to limit to the foreclosure context on a principled basis. Someday, for instance, a lawyer is going to ask that we apply the some-evidence-no-evidence rule in a garden variety contract or tort case, a result we may well consider unadvisable. At least on the basis of what our opinions say, "that is a foreclosure rule" may be the only answer we are able to give for not extending it. But that answer is not going to be a credible or persuasive one.
Spencer v. Ditech Fin., LLC, 242 So.3d 1189, 1195 (Fla. 2d DCA 2018) (Salario, J., concurring). It is, in short, a problem that merits attention.
B.
There is actually a statute that touches on the scope of appellate remand, one that has been in the books for more than a century, see ch. 6467, § 1, Laws of Fla. (1913), though it seldom gets mentioned any more. Section 59.35, Florida Statutes (2018), provides in pertinent part:
An appellate court may, in reversing a judgment of a lower court brought before it for review by appeal, by the order of reversal, if the error for which reversal is sought is such as to require a new trial, direct that a new trial be had on all the issues shown by the record or upon a part of such issues only.
This statute, the Florida Supreme Court held, "is not mandatory, it is directory." Webb Furniture Co. v. Everett, 105 Fla. 292, 141 So. 115, 116 (1932) (addressing prior version of statute). In other words, it connotes a permissive direction an appellate court "may" utilize when reversing a judgment of a lower court. See, e.g., The Fla. Bar v. Trazenfeld, 833 So.2d 734, 738 (Fla. 2002) ("The word 'may' when given its ordinary meaning denotes a permissive term ...."); Estate of Johnson ex rel. Johnson v. Badger Acquisition of Tampa, LLC, 983 So.2d 1175, 1181 n.3 (Fla. 2d DCA 2008) ("When interpreting a statute ... 'may' suggests a permissive term.").
This statute also reflects what has long been tacitly recognized in Florida law. That is, an appellate court's direction on remand reflects some exercise of discretion on the part of the appellate panel deciding the particular appeal.
*1160What drives that discretionary decision? The potential considerations may be myriad, but when the question arises, the appellate courts' decisions on the scope of remand universally harken to basic principles of equity and fairness fashioned to the particular facts and circumstances of the case. Although Florida courts have not often expounded on this point, it is abundantly clear that that is what our courts are doing when they fashion a remand in many civil appeals. See, e.g., Nelson v. Unemployment Appeals Comm'n, 880 So.2d 1232, 1233 (Fla. 2d DCA 2004) ("[A]pplying considerations of fairness and due process, we reverse and remand to permit [Appellant] to appeal the order of repayment and to raise the merits of his eligibility for unemployment benefits as a defense to repayment."); Castillo v. Dep't of Admin., Div. of Ret., 593 So.2d 1116, 1117 (Fla. 2d DCA 1992) (holding that "equity requires us to remand for a factfinding proceeding to allow the agency to review the affidavits and consider appellant's arguments" concerning the dismissal of an administrative petition); Edelsburg v. Tzynder, 230 So.3d 1255, 1256 (Fla. 3d DCA 2017) (quashing order holding appellant in criminal contempt; "[w]e also find that in the interests of pursuing fairness, further proceedings in this case should be held before a different trial judge"); Bank of N.Y. Mellon ex rel. Registered Holders of Alt. Loan Trust 2007-OA7 v. Heath, 219 So.3d 104, 106 n.1 (Fla. 4th DCA 2017) (reversing involuntary dismissal of foreclosure action but noting that the trial court did not abuse its discretion when it excluded a pooling and servicing agreement from evidence where the servicer's attorney stated during a deposition that he would not rely on the agreement at trial; "It does not comport with fundamental fairness for an attorney to mislead an opponent, even unintentionally, and then reap the benefits. Therefore, on remand, Borrower shall have the right to conduct another deposition of the SPS representative and question the representative about the PSA"); Escutia v. Greenleaf Prods., Inc., 886 So.2d 1059, 1062 (Fla. 1st DCA 2004) (reversing and remanding "[t]o maintain procedural fairness" where claimant "was trapped by [a] 'Gotcha!' tactic"); Asam v. Fla. Unemployment Appeals Comm'n, 871 So.2d 978, 981 (Fla. 3d DCA 2004) (holding that under "considerations of fairness and due process" a litigant would be permitted to challenge an otherwise untimely appealed ruling from the Florida Unemployment Appeals Commission; "because the overpayment determination is so inextricably intertwined with the initial decision denying benefits, we hold that the claimant is free to raise any and all factual defenses to the underlying decision to contest the overpayment determination. In other words, on the facts of this case, and while it may seem anomalous, it is nevertheless legally permissible on remand to find that the first appeals referee erred in reversing the initial eligibility determination, and thereby reverse the overpayment determination, but at the same time not overturn the underlying decision because that decision was not timely appealed"); Enter. Leasing Co. v. City of Lauderdale Lakes, 637 So.2d 24 (Fla. 4th DCA 1994) (reversing final judgment quieting title to a roadway in favor of a private owner but remanding for a new trial where there was no competent evidence on whether the roadway was included within a recorded declaration; "[b]ecause the issue was fairly raised in the pleadings and its determination necessary to completely resolve the dispute between the parties in this action, we remand to the trial court for further proceedings so that additional evidence may be taken"); Hartnett v. Dep't of Ins., 406 So.2d 1180, 1184 (Fla. 1st DCA 1981) ("Because of our conclusion that the hearing officer's recommendation of disciplinary *1161action was based upon an erroneous interpretation of the statutes, and because the hearing officer failed to rule on the applicability of [s]ection 626.611(7), we think fairness dictates that upon remand the hearing officer be directed to submit an amended order in ... light of this opinion before the Department further reviews and acts upon the charges against [the] appellant."); Ragen v. Paramount Hudson, Inc., 434 So.2d 907, 908 (Fla. 3d DCA 1983) ("When, as here, it is likely that a correctable injustice has been done, we will not hesitate to order that a new trial be conducted based on all the available evidence."); English v. Clark, 289 So.2d 33, 35-36 (Fla. 1st DCA 1974) ("[I]t is our opinion that equity and justice would best be served by reversing the judgment below, as supplemented, and remanding this cause for the further taking of testimony on the issues mentioned in this opinion.").5 Remand directions, then, to the extent they are explained, seem always to turn upon some basic postulate of fairness, which is, in turn, an exercise of a court's discretion.
That discretion is by no means boundless. Far from it. In civil appeals concerning the sufficiency of the evidence of a claim or defense at trial, there is a long-standing aversion to remanding the case for more proceedings following a reversal. The First District explained this well in the context of an appeal over the sufficiency of medical bills in a worker's compensation case:
We are now required to determine the appropriate disposition regarding the remaining indefinite medical bills/expenses which were awarded by the JCC.
....
In other areas of the law, appellate courts do not generally provide parties with an opportunity to retry their case upon a failure of proof. See Katz v. Van Der Noord, 546 So.2d 1047, 1048 (Fla. 1989) ("Having failed to introduce competent, substantial evidence in regard to this issue [relating to damages for out-of-pocket expenses], the buyer is not entitled to a second bite at the apple.") (citations omitted); see also Morgan Stanley & Co. v. Coleman (Parent) Holdings Inc., 955 So.2d 1124, 1131 (Fla. 4th DCA 2007) (reversing $ 1.58 billion verdict where plaintiff failed to utilize correct methods in proving measure of damages); Evans v. Delro Indus., Inc., 509 So.2d 1262, 1264 (Fla. 1st DCA 1987) ("When a cause is reversed for lack of evidence, a new trial cannot be awarded on the theory that some additional evidence might have been available at the former trial and will be presented *1162on retrial, or that some such evidence may be found and will be presented on retrial, and that in either event there may be a different result upon retrial.") (citations omitted); Ryan v. Wren, 413 So.2d 1223, 1224 (Fla. 2d DCA 1982) (affirming in part, but reversing award of punitive damages where record did not support award). We see no reason to treat workers' compensation cases differently. This court has consistently stated the law's preference for finality and its proscription against piecemeal litigation. See, e.g., Boynton Landscape v. Dickinson, 752 So.2d 1236, 1238 (Fla. 1st DCA 2000) (stating in workers' compensation proceedings, piecemeal litigation of mature claims is no more permissible than in civil litigation). The primary function of this court is to correct errors committed by the lower tribunal, [Fla. Dep't of Corr.] v. Bradley, 510 So.2d 1122, 1124 (Fla. 1st DCA 1987), not to serve as a conduit for unnecessarily protracted, piecemeal litigation.
Today we write to clarify that, in future cases, where the party with the burden of proof fails to establish an evidentiary basis for the damages awarded at trial, the general rule applies and (absent an exceptional legal or factual basis warranting a contrary result) simple reversal is warranted. See Katz, 546 So.2d at 1048 ; see also Evans, 509 So.2d at 1264 (explaining reversal and remand for new trial should be granted only where exceptional circumstances warrant such disposition). We see no legitimate reason to give a party an "extra bite of the apple" or an "extra inning" after the game has concluded and it has failed to score a sufficient number of runs.
Morton's of Chicago, Inc. v. Lira, 48 So.3d 76, 79-80 (Fla. 1st DCA 2010).
Interestingly, however, the Morton 's court went on to "reluctantly remand" for further proceedings due to the "lack of clarity" in the court's prior decisions on the evidentiary issue before it. Id. at 80. The court concluded that "fairness dictates this case be remanded for further proceedings as to the medical expenses." Id. (emphasis added). Fairness, then, was the driving force behind that court's decision to remand for further proceedings.
In our view, Morton 's offers an accurate and eminently serviceable approach to fashioning the scope of remand in many civil appeals that turn on the sufficiency of the evidence or pleadings in a trial. The "preference for finality," id., is very strong, reflecting the prominence that finality has always held in our system of law. See also Fla. Power Corp. v. Garcia, 780 So.2d 34, 44 (Fla. 2001) ("The doctrine of decisional finality provides that there must be a 'terminal point in every proceeding both administrative and judicial, at which the parties and the public may rely on a decision as being final and dispositive of the rights and issues involved therein.' " (quoting Austin Tupler Trucking, Inc. v. Hawkins, 377 So.2d 679, 681 (Fla. 1979) ) ); Haines City Cmty. Dev. v. Heggs, 658 So.2d 523, 526 n.4 (Fla. 1995) ("There are societal interests in ending litigation within a reasonable length of time ...."); Spencer, 242 So.3d at 1192 (Salario, J., concurring) ("The interests of the parties and the judicial system in finality and in avoiding drawn-out, expensive, piecemeal litigation require that the parties and the courts regard the trial as the brass ring and not as the first step of an odyssey to an eventual result many proceedings away."). For civil appeals, especially those proceeding from a trial, the need for a conclusion to a civil controversy will often militate against protracted, open-ended proceedings on remand.
*11636 Lawyers and litigants who proceed to trial under ill-considered pleadings or without adequate, admissible evidence to prove their cases do so at their own peril. But, on occasion, there may be exceptional circumstances that, in fairness, merit a return to the trial court for further adjudication following an appellate court's decision.
Ms. Tracey does not believe that remand directions grounded on principles of fairness and equity can be "enforced with any consistency." In her rehearing motion, she argues that premising remand on the fairness or equities of a particular case could raise "legitimate concerns about the disparate treatment of foreclosure cases as compared to other areas of law."7 We disagree.
First and foremost, as we have explained, remand directions based upon what is deemed just and equitable have long been the law in Florida. This is nothing new. It is a discretionary determination that has been applied many times and in many different kinds of civil appeals. And there is already guidance within Florida law about how that discretion ought to be exercised in appeals concerning the sufficiency of the evidence at trial. See Creadon v. U.S. Bank N.A., 166 So.3d 952, 954 (Fla. 2d DCA 2015) ("U.S. Bank failed to present sufficient evidence that it had standing to foreclose the note. As we stated in Correa v. U.S. Bank, N.A., 118 So.3d 952, 956 (Fla. 2d DCA 2013), we do not generally give parties who have failed to prove their case an opportunity to do so in a retrial. Thus, we reverse and remand with directions that the circuit court enter an involuntary dismissal of the foreclosure complaint."); Carlough v. Nationwide Mut. Fire Ins. Co., 609 So.2d 770, 771-72 (Fla. 2d DCA 1992) ("Under the circumstances, upon remand, Nationwide should not be given a second bite at the apple to present evidence which it failed to produce at the scheduled evidentiary hearing. 'Somewhere the curtain must ring down on litigation.' " (citation omitted) (quoting Broward County v. Coe, 376 So.2d 1222, 1223 (Fla. 4th DCA 1979) ) );
*1164Baywood Furniture Mart, Inc. v. Kennedy, 295 So.2d 350, 353 (Fla. 2d DCA 1974) ("It has long been held that where 'there is such an insufficiency of evidence as to leave a material point in controversy uncertain and such a point is covered by the pleadings and it affirmatively appears that additional evidence is available and justice seems to require a more complete development of the right of the parties under the law, the cause may be remanded with directions to take further evidence on such point.' " (emphasis added) (quoting Wilkins v. Bank of Commerce, 95 Fla. 85, 116 So. 13, 14 (1928) ); Fleischer v. Virginia-Carolina Chem. Co., 82 Fla. 50, 89 So. 401 (1921) ; Atl. & Gulf Props., Inc. v. Palmer, 109 So.2d 768, 771 (Fla. 3d DCA 1959) ) ); Pain Care First of Orlando, LLC v. Edwards, 84 So.3d 351, 355 (Fla. 5th DCA 2012) ("[A] new trial is not warranted. Having proceeded to judgment on legally insufficient proof, Appellee does not get a do-over."); Morton's, 48 So.3d at 79-80 ; see also Spencer, 242 So.3d at 1192 (Salario, J., concurring) (observing that "our court routinely follows the general rule that a party that fails to meet its burden of proof in the trial court does not, when we reverse a judgment in its favor, get a second bite at the apple by way of a new trial or hearing on remand" and citing examples); Cleveland v. Crown Fin., LLC, 212 So.3d 1065, 1069 (Fla. 1st DCA 2017) (recognizing that "courts generally do not provide parties with an opportunity to retry their case upon a failure of proof" and citing examples). The general prohibition in such cases against "second bites at the apple" is a sound one that is subject only to the exception of extraordinary circumstances. What may constitute an extraordinary circumstance is of course a matter subject to differing views (as, indeed, the issuance of a dissent in this case illustrates), but the strong aversion against "extra inning[s]" of litigation, Morton's, 48 So.3d at 80, remains firmly in place. We are confident that the litigants and their advocates who appear before us will be capable of articulating the equitable circumstances that may either buttress or overcome that aversion.
Second, our view on this matter aligns with those of appellate and supreme courts throughout the country, which have identified equity and fairness as underlying principles when fashioning a scope of remand. The courts of our sister states frequently tether remand directions with the courts' view of fairness and equity. See, e.g., Gerrity Oil & Gas Corp. v. Magness, 946 P.2d 913, 934 (Colo. 1997) (en banc) ("Whenever the question arises as to whether a complete retrial is necessary, '[t]he determinative considerations are those factors relating to fairness.' " (quoting Marks v. Dist. Court, 643 P.2d 741, 744 (Colo. 1982) ) ); George Ward Builders, Inc. v. City of Lee's Summit, 157 S.W.3d 644, 651 (Mo. Ct. App. 2004) ("Although rare, Missouri appellate courts have given plaintiffs, who have misconceived the law, the opportunity to amend their pleadings when equity and fairness requires it, even in cases where a verdict was reached by a judge or jury."); Cola v. Packer, 156 N.J.Super. 77, 383 A.2d 460, 462-63 (1977) ("We conclude that, in all fairness, [A]ppellant ... should be afforded an opportunity to present a defense to the charge that he violated N.J.S.A. 49:3-71 and was subject to civil liability thereunder. The case is, therefore, remanded to the trial court for that specific and limited purpose."); Nourse v. Austin, 140 Vt. 184, 436 A.2d 738, 739 (1981) ("Since it appears that the verdict itself was the result of compromise, however, justice and fairness require that the cause be remanded for a new trial on all issues, including liability."); UNC Teton Exploration Drilling, Inc. v. Peyton, 774 P.2d 584, 596 n.8 (Wyo. 1989) ("A second chance upon remand for proof according to *1165the appellee lacks something in litigative fairness to the opposing contestant. In this case, we will remand since a broad and comprehensive rule is now enunciated." (emphasis omitted) ). While in the federal courts Congress has codified discretionary remand within a statute. See 28 U.S.C. § 2106 (2012) ("The Supreme Court or any other court of appellate jurisdiction may affirm, modify, vacate, set aside or reverse any judgment, decree, or order of a court lawfully brought before it for review, and may remand the cause and direct the entry of such appropriate judgment, decree, or order, or require such further proceedings to be had as may be just under the circumstances."); United States v. Yagid, 528 F.2d 962, 965 (2d Cir. 1976) ("When we believe that there is an inherent problem in a particular remand, we have the power, indeed the duty, to frame our opinion to provide for 'further proceedings ... (which are) just under the circumstances.' " (alterations in original) (quoting 28 U.S.C. § 2106 ) ); see also Russman v. Bd. of Educ. of Enlarged City Sch. Dist. of City of Watervliet, 260 F.3d 114, 121 (2d Cir. 2001) (addressing remand directions when a case is determined to have been moot; "Whether we vacate the district court's judgment or simply dismiss the appeal, leaving the district court's judgment intact, depends on the equities of the case").
Our conception of the principles that apply to remand directions in civil appeals is not a new one at all. Today we are simply recognizing what appellate courts have always done when issuing directions on remand. We are confident that the basic principles of natural fairness and equity, handed down for centuries in our common law and subject to the strong preference for finality in trials, can continue to withstand the analytical rigors of fashioning an appropriate scope of remand for civil appeals in our district. And we are hopeful that litigants will be able to more cogently frame their arguments in civil appeals for a particular remand by knowing what drives the decisions we make on this important issue. We will now apply those principles to the case at bar.
C.
Under the facts of this case, we believe Ms. Tracey is entitled to the relief she requests in her motion for rehearing. The last minute insertion of the modification agreement as an issue at trial-when it had been dropped as an issue in the operative complaint-is a puzzle that has remained unsolved throughout this appeal. Wells Fargo has never explained why its original complaint attached a modification agreement as an exhibit, while its amended, operative complaint made no mention of it. Nor has it bothered to offer an excuse for why it waited until trial to resurrect this agreement as an issue in the controversy. In its response to Ms. Tracey's motion for rehearing, Wells Fargo only tells us it made an "inadvertent" pleading error when it filed its amended complaint but gives no justification for why it should now enjoy a chance at a second trial to correct that error of its own making. Indeed, Wells Fargo's response does not even claim it would be prejudiced by an involuntary dismissal; it instead tries to turn the table around, suggesting it would be "entirely appropriate to remand for continued proceedings so Wells Fargo may, if the court deems it appropriate, amend to cure any prejudice" to Ms. Tracey. The prejudice to Ms. Tracey is having to relitigate her defense in piecemeal, seriatim trials while her adversary vacillates around what the alleged basis of its claims will ultimately be. Given the facts and equities here, we must agree with Ms. Tracey that remanding her case with directions to involuntarily dismiss the *1166amended complaint is appropriate under these circumstances. Cf. Buday, 754 So.2d at 773 ; Dean, 485 So.2d at 440 ; Robbins, 692 So.2d at 950.
III.
A.
We conclude by addressing some of the thoughtful concerns our dissenting colleague has expressed. Our colleague agrees "with the general proposition that courts should endeavor to do equity between the parties on remand," but not to the extent that this proposition would "ignore established precedent," a term which is used to refer to two lines of cases: (1) a selection of opinions in which the appellate courts have remanded for further proceedings following an erroneous pleading amendment at trial and (2) a selection from the recent spate of Florida residential foreclosure appellate opinions which, in reversing in favor of the defendants, have indicated a distinction between cases in which some evidence was presented at the prior trial versus those in which no evidence was presented (the former are typically remanded for a new trial to allow the plaintiff to again present its claims; the latter are not). See generally Evans v. HSBC Bank, USA, Nat'l Ass'n, 223 So.3d 1059, 1063-64 (Fla. 2d DCA 2017). These decisions, and the seeming unfairness to Wells Fargo, lead our colleague to conclude that Wells Fargo ought to be given another chance in another trial to prove the case it should have pled and proven the first time around.8
As to the first line of authorities, we would simply reiterate what we stated earlier. Sometimes appellate panels will remand for a new trial when a pleading has been improperly amended or an issue improperly tried without consent during a prior proceeding. Other times they will not. See Buday, 754 So.2d at 773 ; Vetter, 511 So.2d at 1115 ; Dean, 485 So.2d at 440 ;
*1167Robbins, 692 So.2d at 950. This precedent, when read collectively and in synthesis with the case law that explicitly addresses the rationale of remand, illustrates that it is discretion, premised on equitable considerations, which shapes the scope of remand following an appeal on this issue.9 From our review of this record, we remain convinced that our decision not to remand this case for another trial is an appropriate exercise of our discretion.
As to the second line of cases, while there may be some allure to treating the "some-evidence-no-evidence" distinction that has emanated from Sas v. Federal National Mortgage Ass'n, 112 So.3d 778 (Fla. 2d DCA 2013) -and that has been subsequently repeated, recited, and clarified in various district courts of appeal decisions-as if it were a binding, unwavering rule on remand going forward in similar cases, it is no such thing. It cannot be. First, to so hold would be to elevate a common law didacticism above a legislative pronouncement of discretion. See § 59.35 ("An appellate court may , in reversing a judgment of a lower court brought before it for review by appeal, by the order of reversal, if the error for which reversal is sought is such as to require a new trial, direct that a new trial be had on all the issues shown by the record or upon a part of such issues only." (emphasis added) ); Metro. Cas. Ins. Co. v. Tepper, 2 So.3d 209, 213 (Fla. 2009) ("This Court does not question the wisdom of a statute but instead applies the statute according to the Legislature's direction."); cf. Barrow v. State, 27 So.3d 211, 218 (Fla. 4th DCA 2010) (criticizing trial judge's reliance on "an inflexible rule for a decision that the *1168law places in the judge's discretion"). Second, it would conflict with decades of Florida law that ties the scope of remand in civil appeals concerning evidentiary disputes to the equitable circumstances of a particular case. Finally, we must observe that none of the recent foreclosure opinions our colleague recites for this proposition included a ratio decidendi for the "some-evidence-no-evidence" rule from which those courts fashioned their respective remand instructions.10 Such omissions were surely not unintentional. The lone exception in this regard appears to be the case of Wolkoff v. American Home Mortgage Servicing, Inc., 153 So.3d 280 (Fla. 2d DCA 2014). And the guiding principle the court in Wolkoff (quite astutely) uncovered in reviewing the precedents on this distinction turned out to be none other than-equity. Id. at 283 (distinguishing Sas, 112 So.3d 778, and Kelsey v. SunTrust Mortgage, Inc., 131 So.3d 825 (Fla. 3d DCA 2014), as cases that turned on the admissibility of the evidence and where "the equities were balanced in favor of remand"). Thus, as we implied in Wolkoff, we must read these recent foreclosure opinions as cases in which the panels viewed the fairness and equity of the specific evidentiary records before them as necessitating either further proceedings (as in the case of Sas, 112 So.3d 778 ) or an involuntary dismissal (as in the case of Wolkoff, 153 So.3d at 283 ).11 To be sure, whether that record was utterly devoid of, or otherwise rife with, competent evidence might play an important equitable consideration for purposes of remand in this class of appeals-but it remains just that: an equitable consideration.
B.
Today we reconcile our recent jurisprudence in residential mortgage foreclosure appeals with long-standing, settled law on the scope of remand in civil appeals. We hold that when fashioning remand for a civil appeal where the party with the burden of proof fails to sufficiently plead the claim it presents at trial or to establish a basis in admissible evidence for a claim at trial, an appellate panel may exercise some level of equitable discretion to consider the circumstances of the particular case. This discretion is bounded both by the substantive relief sought within the appeal and the strong preference for finality of trial proceedings. The prohibition against proverbial multiple "bites at the apple" for trials remains firmly rooted as the leading, guiding principle to govern the scope of remand and should serve as the default direction when these kinds of decisions are being made. We agree with how the Morton 's court put it: only "exceptional legal or factual" circumstances will justify a deviation from this general prohibition. 48 So.3d at 80.
Having so held, we recognize the important points our dissenting colleague has raised, as well as the cases he discusses in which certain courts have begun fashioning varying remand directions without reference *1169to the analysis we have discerned. It may be that a "clear line of case law" now mandates a particular remand, without discretion, on the part of appellate panels whenever a certain kind of error has been identified that warrants reversal in a civil appeal. Certainly, the issue is one that has become a central feature in many residential mortgage foreclosure appeals. Accordingly, pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), we certify the following question of great public importance to the Florida Supreme Court:
WHEN A PARTY WITH THE BURDEN OF PROOF IN A CIVIL CASE FAILS TO PLEAD THE CLAIM PRESENTED AT TRIAL OR TO ESTABLISH A BASIS IN ADMISSIBLE EVIDENCE FOR A CLAIM AT TRIAL, DOES A DISTRICT COURT OF APPEAL HAVE EQUITABLE DISCRETION TO FASHION THE SCOPE OF REMAND AFTER A REVERSAL ON APPEAL, AND, IF SO, WHAT GOVERNS OR CONSTRAINS THE EXERCISE OF THAT DISCRETION?
We would answer the question in the affirmative, consistent with the principles we have identified above.
Accordingly, we reverse the judgment below and remand with directions for the circuit court to enter an involuntary dismissal in favor of Ms. Tracey.
Reversed and remanded with instructions; question certified.
KHOUZAM, J., Concurs.
SLEET, J., Concurs in part and dissents in part with opinion.