Torrey v. Rivera, Threatte

219 So. 3d 170 (Fla. 1st DCA 2026) · Florida First District Court of Appeal · June 3, 2026 · No. No. 1D2025-1644

Summary

The First District Court of Appeal of Florida reversed the dismissal of Michael A. Torrey’s civil action concerning possession of claimed real property and unpaid rent. The court held that the trial court erred by denying Torrey, an incarcerated litigant, the opportunity to appear at the hearing either in person or electronically, and remanded for further proceedings.

Holdings

  1. The trial court reversibly erred in denying Torrey's motion to be transported to the courthouse or to appear electronically at the scheduled hearing.

Questions Presented

  1. Whether the trial court reversibly erred by denying an incarcerated civil litigant's request to be transported to the hearing or to participate electronically.

Disposition

reversed_and_remanded

Cases Cited (4)

  • Burdoo v. Plympton, 219 So. 3d 170, 171 (Fla. 1st DCA 2017)(followed and quoted)
  • Johnson v. Johnson, 992 So. 2d 399, 401 (Fla. 1st DCA 2008)(quoted through Burdoo)
  • Weston v. Weston, 307 So. 3d 975, 976 (Fla. 1st DCA 2020)(followed)
  • Havenner v. Hutchinson, 162 So. 3d 1113 (Fla. 1st DCA 2015)(followed)

Cited In (0)

No citing cases on record yet.

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