Torrey v. Rivera, Threatte

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D2025-1644
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MICHAEL A. TORREY,

Appellant,

v.

WILFREDO RIVERA, KATTIE L.
THREATTE, All Residents, and
CHARLIE BANK,

Appellees.
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On appeal from the County Court for Escambia County.
Barry E. Dickson, Jr., Judge.

June 3, 2026

PER CURIAM.

Appellant Michael A. Torrey, who is incarcerated, appeals
from the dismissal of the civil action he filed against Appellees
Kattie L. Threatte and Charlie Bank to have them removed from
what he claimed was his real property and for the payment of rent
due. Appellant argues, and we agree, that the trial court
reversibly erred in denying his motion to either direct that he be
transported to the courthouse for the scheduled hearing on the
matter or be able to appear electronically. See Burdoo v. Plympton,
219 So. 3d 170, 171 (Fla. 1st DCA 2017) (“A prisoner involved in
civil litigation has the right to be heard; however, ‘the prisoner
must bring to the court’s attention his desire to appear personally
or telephonically at hearing or trial.’ . . . If a prisoner requests a
telephonic hearing or asserts his desire to be heard on the matter,
‘the right is clear.’”) (quoting Johnson v. Johnson, 992 So. 2d 399,
401 (Fla. 1st DCA 2008)); see also Weston v. Weston, 307 So. 3d 975,
976 (Fla. 1st DCA 2020) (same); Havenner v. Hutchinson, 162 So.
3d 1113 (Fla. 1st DCA 2015) (same); Fla. R. Gen. Prac. & Jud.
Admin. 2.530(b) (“[A] court official may authorize the use of
communication technology for the presentation of testimony or for
other participation in a proceeding upon the written motion of a
party . . . .”).

Accordingly, the dismissal order is REVERSED and the case is
REMANDED for further proceedings.

LEWIS, ROWE, and RAY, JJ., concur.

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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Michael A. Torrey, pro se, Appellant.

No appearance for Appellees.

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