JAVARIUS HENDRIX,
v.
WAL-MART STORES EAST, LP,

Fla. 3d DCA | 2023-03-29
No. 2021-2269
Florida District Court of Appeal, Third District (2023)


Opinion of the Court

PER CURIAM.

Affirmed. See § 90.403, Fla. Stat. (2021) (“Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence.”); Trees v. K-Mart Corp., 467 So. 2d 401, 403 (Fla. 4th DCA 1985) (“The determination of relevancy is within the discretion of the trial court. Where a trial court has weighed probative value against prejudicial impact before reaching its decision to admit or exclude evidence, an appellate court will not overturn that decision absent a clear abuse of discretion.”) (citation omitted); Sims v. Brown, 574 So. 2d 131, 133 (Fla. 1991) (citing Trees with approval, observing that “[t]he weighing of relevance versus prejudice or confusion is best performed by the trial judge who is present and best able to compare the two”).


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