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Florida Statute 90.403 | Lawyer Caselaw & Research
F.S. 90.403 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.403

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.403
90.403 Exclusion on grounds of prejudice or confusion.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. This section shall not be construed to mean that evidence of the existence of available third-party benefits is inadmissible.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 6, 22, ch. 78-361; ss. 1, 2, ch. 78-379.

F.S. 90.403 on Google Scholar

F.S. 90.403 on Casetext

Amendments to 90.403


Arrestable Offenses / Crimes under Fla. Stat. 90.403
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.403.



Annotations, Discussions, Cases:

Cases from cite.case.law:

RIVERA, v. STATE, 274 So. 3d 537 (Fla. App. Ct. 2019)

. . . That rule can be viewed similarly to section 90.403, balancing the relevance of a defendant's potential . . . relied upon by the majority, the Fourth District cautioned that the trial court must engage in a section 90.403 . . .

STRONG, v. UNDERWOOD R., 275 So. 3d 760 (Fla. App. Ct. 2019)

. . . See § 90.403, Fla. . . .

COOLEY, v. STATE, 273 So. 3d 258 (Fla. App. Ct. 2019)

. . . ." § 90.403, Fla. Stat.; see also McLean v. . . . the record, we cannot say that any reasonable judge would have excluded the evidence under section 90.403 . . .

THORNE, v. STATE, 271 So. 3d 177 (Fla. App. Ct. 2019)

. . . (citing §§ 90.402, 90.403, Fla. Stat.). . . .

STUBBS, v. STATE, 275 So. 3d 631 (Fla. App. Ct. 2019)

. . . Id. at 1259 (quoting § 90.403, Fla. Stat. (2005) ); see also Peralta-Morales v. . . . under section 90.404(2) is substantially outweighed by unfair prejudice to the defendant under section 90.403 . . . See § 90.403, Fla. Stat. (2017). Affirmed. Warner and Levine, JJ., concur. . . .

WILLIAMS, v. STATE, 272 So. 3d 482 (Fla. App. Ct. 2019)

. . . Stat. (2017) (providing: "All relevant evidence is admissible, except as provided by law"); § 90.403, . . .

PHILIP MORRIS USA, INC. v. GLOGER,, 273 So. 3d 1046 (Fla. App. Ct. 2019)

. . . Citing to section 90.403 of the Florida Statutes, defense counsel argued that limiting Mr. . . . Sinkovics and Altemose were subject to limitation under section 90.403 of the Florida Statutes. . . . The trial court's limiting instruction was not effective in this case Section 90.403 gives the trial . . . Sinkovics and Altemose " Section 90.403 may be applied to limit only a part of a statement or the details . . . Because the trial court had the discretion, under section 90.403, to decide how to limit Mr. . . .

STATE v. KNOWLES,, 265 So. 3d 733 (Fla. App. Ct. 2019)

. . . ." § 90.403. 934 So.2d at 1259. . . . Moreover, a trial court is given a "large measure of discretion" under section 90.403 in determining . . .

BARRY, III, v. STATE, 264 So. 3d 1176 (Fla. App. Ct. 2019)

. . . See § 90.403, Fla. . . . 292 (holding that even inextricably intertwined evidence is subject to the balancing test of section 90.403 . . . trial court to conclude that this evidence never reached the point of inadmissibility under section 90.403 . . .

MARTINEZ, v. STATE, 265 So. 3d 704 (Fla. App. Ct. 2019)

. . . ." § 90.403, Fla. Stat. (2017). But relevant evidence is inherently prejudicial. State v. . . .

GONZALEZ, v. STATE, 271 So. 3d 80 (Fla. App. Ct. 2019)

. . . ."); see §§ 90.404(2) and 90.403, Fla. Stat. (2018). . . .

PITTS, v. STATE, 263 So. 3d 834 (Fla. App. Ct. 2019)

. . . as part of its weighing of the probative value and prejudicial effect of the evidence under section 90.403 . . . See McLean , 934 So.2d at 1251 ("Application of section 90.403 in determining admissibility ensures that . . . Thus, subject to weighing under section 90.403, evidence of other sexual offenses committed by the defendant . . .

J. GILLIAMS, v. STATE, 262 So. 3d 869 (Fla. App. Ct. 2019)

. . . . § 90.403. . . .

TEACHMAN, v. STATE, 264 So. 3d 242 (Fla. App. Ct. 2019)

. . . State , 451 So.2d 1386, 1387 (Fla. 4th DCA 1984) ; see also § 90.403, Fla. Stat. . . .

INTERNATIONAL SECURITY MANAGEMENT GROUP, INC. v. ROLLAND,, 271 So. 3d 33 (Fla. App. Ct. 2018)

. . . ." § 90.403, Fla. Stat. (2016). . . .

KING, v. STATE, 260 So. 3d 985 (Fla. 2018)

. . . reasons, including: (1) the statements were irrelevant and prejudicial under sections 90.401, 90.402, and 90.403 . . .

WHISBY, v. STATE, 262 So. 3d 228 (Fla. App. Ct. 2018)

. . . , similar fact evidence of other crimes is subject to exclusion under the balancing test of section 90.403 . . . acts of child molestation against its potential for unfair prejudice, which is compelled by section 90.403 . . . that a trial court should consider when balancing the collateral crime evidence pursuant to section 90.403 . . . prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence. § 90.403 . . .

SIMS, v. STATE, 260 So. 3d 509 (Fla. App. Ct. 2018)

. . . According to Sims, the court should have excluded the evidence under section 90.403, which precludes . . .

CITIZENS PROPERTY INSURANCE CORPORATION, v. BALLESTER, 259 So. 3d 977 (Fla. App. Ct. 2018)

. . . ." § 90.403, Fla. Stat. . . .

CAMPBELL, v. STATE v. L., 271 So. 3d 914 (Fla. 2018)

. . . However, section 90.403, Florida Statutes (2018), states: "Relevant evidence is inadmissible if its probative . . . determined by its relevancy and, of course, subject to exclusion under the balancing test of section 90.403 . . .

DELISLE, v. CRANE CO., 258 So. 3d 1219 (Fla. 2018)

. . . . § 90.403. . . .

AGUILA, v. STATE, 255 So. 3d 522 (Fla. App. Ct. 2018)

. . . child molestation must be relevant and that the evidence "remains subject to weighing under section 90.403 . . . prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence." § 90.403 . . . is a critical consideration for the trial court in conducting an appropriate weighing under section 90.403 . . . Section 90.403 provides, in part: "Relevant evidence is inadmissible if its probative value is substantially . . .

TAYLOR, v. STATE, 256 So. 3d 950 (Fla. App. Ct. 2018)

. . . ." § 90.403. . . . is a critical consideration for the trial court in conducting an appropriate weighing under section 90.403 . . .

FULLER, v. STATE, 257 So. 3d 521 (Fla. App. Ct. 2018)

. . . See § 90.403, Fla. Stat. (2017). . . .

D. SANDERS, v. STATE, 254 So. 3d 1038 (Fla. App. Ct. 2018)

. . . Castanon , 162 So.3d at 54 (citing § 90.403, Fla. Stat.). . . .

JOHNSON, v. STATE, 252 So. 3d 1114 (Fla. 2018)

. . . See § 90.403, Fla. Stat. (2017). . . .

MACOMBER, v. STATE, 254 So. 3d 1098 (Fla. App. Ct. 2018)

. . . ."); § 90.403, Fla. Stat. . . .

VEACH, v. STATE, 254 So. 3d 624 (Fla. App. Ct. 2018)

. . . ." § 90.403, Fla. . . .

J. CORMIER III, v. STATE, 253 So. 3d 75 (Fla. App. Ct. 2018)

. . . ." § 90.403, Fla. Stat. (2012). . . .

ARROYO, v. STATE, 252 So. 3d 374 (Fla. App. Ct. 2018)

. . . reputation evidence relating to a victim's prior sexual conduct ... shall not be admitted into evidence"); § 90.403 . . .

HOGLE, v. STATE, 250 So. 3d 178 (Fla. App. Ct. 2018)

. . . See § 90.403, Fla. Stat. (2016). III. . . .

HAWTHORNE, v. STATE, 248 So. 3d 1261 (Fla. App. Ct. 2018)

. . . certified driving record, to which Appellant objected, asserting the record was prejudicial under section 90.403 . . . prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence." § 90.403 . . .

GRIMES, v. STATE, 248 So. 3d 150 (Fla. App. Ct. 2018)

. . . Thus, his objection was lodged pursuant to section 90.403, Florida Statutes (2016), which provides that . . . The Florida Supreme Court has elaborated on the balancing inquiry of section 90.403 : "Unfair prejudice . . . The trial court relied on Harris , 449 So.2d at 896-98, which involved the application of section 90.403 . . . The court explained that not all relevant evidence is admissible under the balancing test of section 90.403 . . . With a stipulation lacking, the trial court had to engage in the balancing inquiry of section 90.403- . . .

PIERRE, v. STATE, 246 So. 3d 545 (Fla. App. Ct. 2018)

. . . Section 90.403, Florida Statutes (2007), establishes a limitation on the introduction of relevant evidence . . .

A. GUTIERREZ, v. VARGAS, M. D., 239 So. 3d 615 (Fla. 2018)

. . . ." § 90.403, Fla. Stat. (2017) (emphasis added); see also Delgardo v. Allstate Ins. . . .

WOOD, v. STATE, 238 So. 3d 924 (Fla. App. Ct. 2018)

. . . In every case, the trial court must conduct the weighing required by section 90.403." McLean v. . . . Here, while the trial court properly performed the balancing required by § 90.403 and McLean , it failed . . . do not believe this conclusion mandates a new trial because the trial court did perform the section 90.403 . . .

THOMPSON, v. STATE, 237 So. 3d 1160 (Fla. App. Ct. 2018)

. . . court erred by admitting child hearsay statements without conducting a balancing test under section 90.403 . . . danger of presentation of repetitive and cumulative evidence under the protection afforded by section 90.403 . . . trial court did not articulate any balancing consideration, but "there is no requirement under section 90.403 . . .

R. NOLLEY, v. STATE, 237 So. 3d 469 (Fla. App. Ct. 2018)

. . . witness's opinion about the guilt or innocence of the defendant is inadmissible pursuant to section 90.403 . . .

BURTON, v. STATE, 237 So. 3d 1138 (Fla. App. Ct. 2018)

. . . "Despite the fact that all relevant evidence is admissible, section 90.403 provides for the exclusion . . . the jury, or needless presentation of cumulative evidence.' " Taylor, 855 So.2d at 21-22 (quoting § 90.403 . . .

KIRKMAN, v. STATE, 233 So. 3d 456 (Fla. 2018)

. . . . § 90.403, Fla. Stat. (2015); see also Victorino v. . . .

RAZZ, v. STATE, 231 So. 3d 479 (Fla. Dist. Ct. App. 2017)

. . . . § 90.403, Fla. . . .

D. SUGGS, v. STATE, 238 So. 3d 699 (Fla. 2017)

. . . See §§ 90.401, 90.403, Fla. Stat. (2017). . . .

J. KIRKLAND- WILLIAMS, v. STATE, 230 So. 3d 580 (Fla. Dist. Ct. App. 2017)

. . . See § 90.403 (“Relevant evidence is inadmissible if its probative value is substantially outweighed by . . .

ANDERSON, v. STATE, 229 So. 3d 383 (Fla. Dist. Ct. App. 2017)

. . . Appellant contends that under section 90.403, Florida Statutes, the prejudicial impact of the' victim . . . for the statutory exception in section 90.803(23) is subject to the balancing test found in section 90.403 . . . to preserve the argument that the trial court failed to apply the balancing test required by section 90.403 . . . defendant failed to preserve the argument that child hearsay statements were inadmissible under section 90.403 . . .

BECKMAN, v. STATE, 230 So. 3d 77 (Fla. Dist. Ct. App. 2017)

. . . issues, misleading the jury, or needless presentation of cumulative evidence,” Id. at 1212 (quoting § 90.403 . . . See § 90.403, Fla. Stat. (2013). . . .

COFFEY, v. STATE, 228 So. 3d 179 (Fla. Dist. Ct. App. 2017)

. . . prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence,” § 90.403 . . .

PHILIP MORRIS USA, INC. R. J. v. POLLARI,, 228 So. 3d 115 (Fla. Dist. Ct. App. 2017)

. . . outweighed by the danger of unfair prejudice, confusion of issues, [or] misleading the jury” (quoting § 90.403 . . .

HARRISON v. GREGORY,, 221 So. 3d 1273 (Fla. Dist. Ct. App. 2017)

. . . even if it were marginally relevant, the statement was nevertheless inadmissible pursuant to section 90.403 . . . identical to Harrison’s statement to her sister that the court had previously excluded pursuant to section 90.403 . . . Lang, 796 So.2d 1208, 1209 (Fla. 5th DCA 2001). - Section 90.403 provides that “[rjelevant evidence is . . . that, under the facts o'f this case, Harrison’s statement to her sister was inadmissible under section 90.403 . . .

CROSBY, v. STATE, 222 So. 3d 629 (Fla. Dist. Ct. App. 2017)

. . . State, 863 So.2d 323, 327 (Fla. 3d DCA 2003) (citing § 90.403, Fla. Stat. (1997)). . . .

DAVIS, Jr. v. STATE, 217 So. 3d 1006 (Fla. 2017)

. . . See §§ 90.402, 90.403, Fla. Stat. (2016). . . .

COZZIE, v. STATE, 225 So. 3d 717 (Fla. 2017)

. . . below to the amount of the victim impact evidence and its cumulative prejudicial effect under section 90.403 . . .

KNIGHT, v. STATE, 217 So. 3d 1194 (Fla. Dist. Ct. App. 2017)

. . . was substantially outweighed by its unfair prejudice, and therefore was inadmissible under section 90.403 . . . 1st DCA 2011) (“Appellant failed to object at trial on undue prejudice grounds pursuant to section 90.403 . . . inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice ....”§ 90.403 . . .

INQUIRY CONCERNING A JUDGE NO. RE SHEPARD, 217 So. 3d 71 (Fla. 2017)

. . . improperly introducing evidence at the final hearing—over her objections—purportedly excluded by sections 90.403 . . .

SCOTT, v. STATE, 218 So. 3d 476 (Fla. Dist. Ct. App. 2017)

. . . Section 90.403, Florida Statutes (2014), however, states that “[rjelevant evidence is inadmissible if . . . feature of the trial, did not constitute an abuse of discretion under the balancing test of section 90.403 . . .

MORRIS, v. STATE, 219 So. 3d 33 (Fla. 2017)

. . . See § 90.403, Fla. Stat. . . .

OLIVER, v. STATE, 214 So. 3d 606 (Fla. 2017)

. . . .” § 90.403, Fla. Stat. (2009). . . .

JONES, v. STATE, 212 So. 3d 321 (Fla. 2017)

. . . .” § 90.403, Fla. Stat. (2013); accord majority op. at 340. . . . previous, atrocious murders did not “substantially outweigh[ ]” any probative value it provided. § 90.403 . . . See § 90.403, Fla. . . .

TRUEHILL, v. STATE, 211 So. 3d 930 (Fla. 2017)

. . . determined by its relevancy and, of course, subject to exclusion under the balancing test of section 90.403 . . . separately to determine its relevancy to the charges here and, of course, keep the balancing test of section 90.403 . . .

MORLAS, v. STATE, 211 So. 3d 286 (Fla. Dist. Ct. App. 2017)

. . . .Ӥ 90.403, Fla. Stat. (2014). . . .

SCOTT, v. STATE, 211 So. 3d 294 (Fla. Dist. Ct. App. 2017)

. . . See § 90.403, Fla. Stat. (2014); Johnson v. State, 112 So.3d 564, 566 (Fla. 4th DCA 2013). . . .

WOODRUFF, v. STATE, 208 So. 3d 1265 (Fla. Dist. Ct. App. 2017)

. . . See § 90.403, Fla. Stat. (2015); McLean v. State, 934 So.2d 1248 (Fla. 2006). . . .

B. LAHENS, v. STATE, 204 So.3d 982 (Fla. Dist. Ct. App. 2016)

. . . provided, however, the court finds that the testimony is not inadmissible pursuant to s. 90.402 or s. 90.403 . . .

GREENWICH, v. STATE, 207 So.3d 258 (Fla. Dist. Ct. App. 2016)

. . . See § 90.403, Fla. . . . “The unfair prejudice that section 90.403 attempts to eliminate relates to evidence that ‘inflames the . . .

BOWLES, v. STATE, 198 So. 3d 1055 (Fla. Dist. Ct. App. 2016)

. . . .” § 90.403, Fla. Stat. (2014). . . .

OKEECHOBEE AERIE FRATERNAL ORDER OF EAGLES, INC. v. WILDE, 199 So. 3d 333 (Fla. Dist. Ct. App. 2016)

. . . .” § 90.403, Fla. Stat. . . . See § 90.403, Fla. Stat. The evidence should not have been admitted. • C. . . . We hold that evidence of the Eagles being on notice of the RVA was inappropriate under section 90.403 . . .

BOYLES, v. DILLARD S INC., 199 So. 3d 315 (Fla. Dist. Ct. App. 2016)

. . . inadmissible as being, scientifically unreliable, irrelevant, and overly prejudicial under sections 90.702 and 90.403 . . .

MULLENS, v. STATE, 197 So. 3d 16 (Fla. 2016)

. . . See, e.g., § 90.403, Fla. . . .

MOSLEY, v. STATE, 194 So. 3d 473 (Fla. Dist. Ct. App. 2016)

. . . The appellant filed a motion' in limine to exclude the “time and crime” report based on section 90.403 . . .

De RIOS, v. STATE, 193 So. 3d 111 (Fla. Dist. Ct. App. 2016)

. . . could, under different circumstances, outweigh .its probative value.” 920 So.2d at 1208-09 (citing § 90.403 . . .

ARIZONA CHEMICAL COMPANY, LLC, v. MOHAWK INDUSTRIES, INC., 193 So. 3d 95 (Fla. Dist. Ct. App. 2016)

. . . Even though relevant, evidence is inadmissible under, section 90.403, Florida Statutes (2013), “if its . . .

D. ALLEN, v. STATE, 192 So. 3d 554 (Fla. Dist. Ct. App. 2016)

. . . The rule of evidence applicable here is section 90.403, Florida Statutes (2013), which provides, in pertinent . . . inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice ....” § 90.403 . . .

STATE v. HORWITZ,, 191 So. 3d 429 (Fla. 2016)

. . . probative value is “substantially outweighed by the danger of unfair prejudice” pursuant to section .90.403 . . . , confusion of the issues, misleading the jury, or needless presentation of cumulative evidence.” § 90.403 . . .

CONCEPCION, v. STATE, 188 So. 3d 5 (Fla. Dist. Ct. App. 2016)

. . . questions which probe a witness’s credibility are subject to the balancing test set forth in section 90.403 . . .

P. OPSINCS, v. STATE, 185 So. 3d 654 (Fla. Dist. Ct. App. 2016)

. . . .” § 90.403, Fla. Stat. (2013). . . . “The unfair prejudice that section 90.403 attempts to eliminate relates to evidence that inflames the . . .

BANEGAS- MEMBRAN, v. STATE, 182 So. 3d 865 (Fla. Dist. Ct. App. 2016)

. . . Amendment narrows, a trial court’s discretion to exclude evidence of a witnesses] bias under section 90.403 . . . prejudice, confusion of issues, misleading the jury,.or needless presentation of cumulative evidence.” § 90.403 . . .

D. WALKER, v. STATE, 180 So. 3d 1154 (Fla. Dist. Ct. App. 2015)

. . . It argues the section 90.403 balancing test weighed in its favor and any error was harmless. . . .

TAYLOR, v. CULVER,, 178 So. 3d 550 (Fla. Dist. Ct. App. 2015)

. . . inadmissible where its probative value is outweighed by the danger of unfair prejudice, see section 90.403 . . .

EVANS, v. STATE, 177 So. 3d 1219 (Fla. 2015)

. . . . § 90.403, Fla. Stat. (2014). . . .

MANIGLIA, v. CARPENTER,, 182 So. 3d 18 (Fla. Dist. Ct. App. 2015)

. . . the grounds that its prejudicial effect substantially'outweighed its probative value under section 90.403 . . . prejudice: whether the “probative value is substantially outweighed by the danger of unfair prejudice.” § 90.403 . . .

RAMROOP, v. STATE, 174 So. 3d 584 (Fla. Dist. Ct. App. 2015)

. . . Section 90.403, Florida Statutes (2013), provides that “[rjelevant evidence is inadmissible if its probative . . . See § 90.403, Fla. Stat. (2013). This required the court to determine its probative value. . . .

COTTON, v. STATE, 176 So. 3d 310 (Fla. Dist. Ct. App. 2015)

. . . . §§ 90.403, 90.404(2)(a), Fla. Stat. (2013). . . . issue as required by section 90.402, and is also subject to the balancing test provided in section 90.403 . . . is a critical consideration for the trial court in conducting an appropriate weighing under section 90.403 . . . Factors other than the potential for unfair prejudice are also pertinent in a section 90.403 analysis . . . In applying the balancing test set forth in section 90.403, in conjunction with section 90.404(2)(b), . . .

WOODSON, v. GO, M. D. M. D., 166 So. 3d 231 (Fla. Dist. Ct. App. 2015)

. . . over the presentation of the evidence so as to avoid the needless consumption of time, and section 90.403 . . .

JACKSON, v. STATE, 166 So. 3d 195 (Fla. Dist. Ct. App. 2015)

. . . State, 785 So.2d 1209, 1212-13 (Fla.2001) (citing section 90.403, Florida Statutes). . . . . Evidence of other acts of child molestation in such cases " ‘remains subject to weighing under section 90.403 . . . Thus, even in child molestation cases, the application of section 90.403 "ensures that section 90.404 . . .

FARRELL, v. STATE, 186 So. 3d 1046 (Fla. Dist. Ct. App. 2015)

. . . Any attack on an expert witness’s credibility is subject to a section 90.403 balancing analysis. . . .

JACOBS a k a v. ATLANTIC COAST REFINING, INC. d b a ACR, 165 So. 3d 714 (Fla. Dist. Ct. App. 2015)

. . . .” § 90.403, Florida Statutes (2013). . . .

JONES, v. ALAYON,, 162 So. 3d 360 (Fla. Dist. Ct. App. 2015)

. . . The court conducted an analysis under section 90.403, Florida Statutes (2012), and determined that the . . . of the wife’s testimony on this issue and made a probative versus prejudicial analysis under section 90.403 . . . Section 90.403, Florida Statutes (2012), provides: “Relevant evidence is inadmissible if its probative . . .

L. CARR, v. STATE, 156 So. 3d 1052 (Fla. 2015)

. . . inherent prejudice associated with ... relevant evidence” necessary to require its exclusion under section 90.403 . . .

WADE, v. STATE, 156 So. 3d 1004 (Fla. 2014)

. . . See § 90.403, Fla. . . . See § 90.403, Fla. Stat. (2007). . . . not shown that upon a motion by trial counsel, the photographs would have been excluded under section 90.403 . . .

BLAKE, v. STATE v. H., 180 So. 3d 89 (Fla. 2014)

. . . Blake asserts that the testimony could have been excluded únder section 90.403, Florida Statutes (2005 . . .

SPECIAL, v. WEST BOCA MEDICAL CENTER,, 160 So. 3d 1251 (Fla. 2014)

. . . Section 90.403 of the Florida Statutes permits trial courts to exclude orily evidence in which the “probative . . . prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence.” § 90.403 . . .

CASCO, v. STATE, 150 So. 3d 838 (Fla. Dist. Ct. App. 2014)

. . . .” § 90.403, Fla. Stat. (2008). In Council v. . . .

CAVALIERE, v. STATE, 147 So. 3d 628 (Fla. Dist. Ct. App. 2014)

. . . Section 90.403, which provides that “[r]elevant evidence is inadmissible if its probative value is substantially . . . See Wright, 19 So.3d at 291 (quoting § 90.403). . . .

HARRELSON, v. STATE, 146 So. 3d 171 (Fla. Dist. Ct. App. 2014)

. . . evidence of a collateral crime was clear and convincing, and if so, then to determine, under section 90.403 . . . trial court were to assume, initially, the evidence was clear and convincing, and proceed with the 90.403 . . . do not believe this conclusion mandates a new trial because the trial court did perform the section 90.403 . . .

STEWART, v. STATE, 147 So. 3d 119 (Fla. Dist. Ct. App. 2014)

. . . that even under the relaxed standard the evidence is subject to relevancy requirements and the section 90.403 . . .

E. CASTANON, v. STATE Of, 162 So. 3d 52 (Fla. Dist. Ct. App. 2014)

. . . .” § 90.403, Fla.Stat. (2012). As such, “the prerequisite to admissibility is relevancy.” . . .

PERALTA- MORALES, v. STATE, 143 So. 3d 483 (Fla. Dist. Ct. App. 2014)

. . . context or whether they share any similarity,” such evidence “remains subject to weighing under section 90.403 . . .

PHILIP MORRIS USA INC. LLC. v. BUCHANAN,, 155 So. 3d 1156 (Fla. Dist. Ct. App. 2014)

. . . See § 90.403, Fla. . . .

C. PETERSON, v. STATE C. v. D., 154 So. 3d 275 (Fla. 2014)

. . . See § 90.403, Fla. Stat. (2013). “Cumulative evidence” calls for-a mere “repetition of testimony.” . . .

J. JACKSON, v. STATE, 140 So. 3d 1067 (Fla. Dist. Ct. App. 2014)

. . . significantly less importance than its prejudicial effect, and the evidence should be excluded under section 90.403 . . .

J. CARLISLE, v. STATE, 137 So. 3d 479 (Fla. Dist. Ct. App. 2014)

. . . Florida’s equivalent is found in section 90.403, Florida Statutes (2007). . . .