Kagan v. Blue Ocean Villas, Inc.

While it is true that in Placid York Co., Inc. v. Calvert Hotel Company, cited in the majority opinion, this court recognized the binding effect of section 83.27, Fla.Stat., F.S.A., in landlord and tenant appeals, yet the holding that such appeals are dependent Upon the personal appearance of the appellant before the trial judge does not necessarily follow. To apply this provision to prohibit an appeal by a party who is not physically present in the jurisdiction, since this is the practical effect of the interpretation given, is of doubtful constitutionality. The purpose for the provision…