ELLIS v. HAM

No. 84-1078.

462 So.2d 28 (1984)

Louis ELLIS and Vivian Ellis, Appellants, v. Paul HAM and Progressive American Insurance Company, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 6, 1985.


Attorney(s) appearing for the Case

Sneed & Messer, P.A. and Roger N. Messer, Fort Pierce, for appellants.

Dewey H. Varner, Lake Worth, for appellees.

Before HUBBART, BASKIN and FERGUSON, JJ.


PER CURIAM.

We reverse upon a finding that although the evidence regarding the alcohol intake and blood alcohol level of Ellis, a passenger in an automobile at the time of an accident, was marginally relevant on the issue of credibility, it was inadmissible at trial because the danger of unfair prejudice substantially outweighed the probative value of the evidence. § 90.403, Fla. Stat. (1981).

Reversed and remanded for...

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