TAMERA Z. FLETCHER, ET AL.
v.
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ETC.
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An appeal of an amended final judgment is limited to reviewing only the amended portions of that judgment and does not call up for review errors in the original judgment. When an appellant challenges only errors in the original judgment through an appeal of an amended judgment, the appeal must be dismissed for lack of jurisdiction.
[1] An appeal of an amended final judgment is limited in scope to review of the amended portions of that judgment and does not permit review of errors in the original judgmen…
[2] When an appellant appeals an amended judgment but challenges only errors contained in the original judgment, the appellate court lacks jurisdiction to review those errors…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It is true that a party may appeal an amended judgment that makes a material change in the original judgment, but even then, the appeal is limited to the amended portions of the judgment and does not call up for review errors in the original.”
Establishes the fundamental rule that appellate jurisdiction over an amended judgment is strictly limited to the amendments made.
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Join FLexlaw to unlock all legal intelligenceFletcher was a defendant in a foreclosure action. The trial court issued a Final Judgment of Foreclosure on July 16, 2024, and an Amended Final Judgme…
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Third District Court of Appeal State of Florida
Opinion filed December 10, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1497 Lower Tribunal No. 22-CA-83-K ________________
Tamera Z. Fletcher, et al., Appellants,
vs.
Board of County Commissioners of Monroe County, Florida, etc., Appellee.
An Appeal from the Circuit Court for Monroe County, Mark H. Jones, Judge.
Michael Garcia, P.A., and Michael Garcia (Ft. Lauderdale), for appellants.
Vose Law Firm LLP, Gretchen R.H. Vose and Wade C. Vose (Winter Park), for appellee.
Before EMAS, FERNANDEZ, and LINDSEY, JJ.
LINDSEY, J.
1 Fletcher’s Response notes that “[t]he parties agreed that Appellants would hold off on filing the Notice of Appeal regarding the Final Judgment because it would divest the Lower Tribunal’s jurisdiction to Amend the Final Judgment.” This agreement is immaterial as it relates to our jurisdictional analysis because “[a] jurisdictional rule cannot be altered by the court or by agreement of the parties.” Metellus v. State, 900 So. 2d 491, 495 (Fla. 2005).
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