JAVARIUS HENDRIX v. WAL-MART STORES EAST, LP

• Court: District Court of Appeal of Florida
• Decided: March 29, 2023
• Docket: 21-2269
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 29, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-2269 Lower Tribunal No. 19-3489 ________________

Javarius Hendrix, Appellant,

vs.

Wal-Mart Stores East, LP, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Mark Blumstein, Judge.

Chad Barr Law, and Chad A. Barr (Altamonte Springs), for appellant.

Fasi & DiBello, P.A., and Frantz Destin Jr. and Darin DiBello, for appellee.

Before FERNANDEZ, C.J., and EMAS and SCALES, JJ.

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”).