Philip Morris USA Inc. v. Barbra Hoffman, etc.
This text of Philip Morris USA Inc. v. Barbra Hoffman, etc. (Philip Morris USA Inc. v. Barbra Hoffman, etc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed May 1, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-0751 Lower Tribunal No. 17-5939 ________________
Philip Morris USA Inc., Appellant,
vs.
Barbra Hoffman, etc., Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Vivianne Del Rio, Judge.
Arnold & Porter Kaye Scholer LLP and David M. Menichetti (Washington, D.C.); Shook, Hardy & Bacon, LLP and Scott A. Chesin and Michael Rayfield (New York, N.Y.), for appellant.
Gerson & Schwartz, P.A., and Edward Schwartz; Celene Humphries, PLLC and Celene Humphries (Spring City, TN), for appellee.
Before EMAS, GORDO and LOBREE, JJ.
PER CURIAM. Affirmed. See Ruchimora v. Grullon, 307 So. 3d 95, 97 (Fla. 3d DCA
2020) (“We review the denial of a motion for new trial and a trial court’s
evidentiary rulings for abuse of discretion.”); Hendry v. Zelaya, 841 So. 2d
572, 575 (Fla. 3d DCA 2003) (“A trial court has broad discretion concerning
the admissibility of evidence and its rulings will not be disturbed absent an
abuse of discretion.”); Thigpen v. United Parcel Services, Inc., 990 So. 2d
639, 645 (Fla. 4th DCA 2008) (finding that trial court did not abuse its
discretion in excluding evidence because (1) it was too remote in time and
purpose to be relevant, and (2) under section 90.403, Florida Statutes, the
danger of unfair prejudice outweighed any relevance of testimony; “It is well
settled that ‘[t]he 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.’” (quoting Sims v. Brown, 574 So. 2d 131, 133 (Fla. 1991))); see
also Sims v. Brown, 574 So. 2d 131, 133 (Fla. 1991) (“The 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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