Torrey v. Rivera, Threatte, et al

FIRST D ISTRICT COURT OF APPEAL
S TATE OF FLORIDA
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No. 1D2025-1644
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M ICHAEL A. TORREY,
Appellant,
v.
W ILFREDO R IVERA , KATTIE L.
THREATTE , All Residents, and
C HARLIE BANK,
Appellees.
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On appeal from the County Court for Escambia County.
Barry E. Dickson, Jr., Judge.
June 3, 2026
P ER C URIAM.
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

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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 R EVERSED and the case is
R EMANDED for further proceedings.
L EWIS, R OWE , and R AY , 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.