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s claim that would entitle him to relief." Id, (abrogating and quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957)). The Supreme Court rejected the notion that "a wholly conclusory statement of claim [can] survive a motion to dismiss whenever the pleadings le[ave] open the possibili
o cause such contact or the apprehension that such contact is imminent. Quilling v. Price, 894 So.2d 1061 (Fla. 5th DCA 2005). Sullivan v. Atlantic Federal Savings & Loan 454 So.2d 52 (Fla. 4th DCA 1984)("a battery consists of the intentional infliction of a harmful or offensive contact upon the person of another"). See 3A Fla.Ju
s claim that would entitle him to relief." Id, (abrogating and quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957)). The Supreme Court rejected the notion that "a wholly conclusory statement of claim [can] survive a motion to dismiss whenever the pleadings le[ave] open the possibili
1070 (Fla.2001) (noting that plaintiff alleged intentional tort of "assault and battery" based on allegations of sexual abuse). Sullivan Atlantic Federal Savings & Loan 454 So.2d 52 (Fla. 4th DCA 1984) (holding that a cause of action for assault and battery cannot be based entirely on an omission). HERMAN & MERMELSTEIN. P. A.
is claim that would entitle him to relief." Id, (abrogating and quoting Conley I. Gibson 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957)). The Supreme Court rejected the notion that "a wholly conclusory statement of claim [can] survive a motion to dismiss whenever the pleadings le[ave] open the possibili
t to cause such contact or the apprehension that such contact is imminent. Quilling/. Price 894 So.2d 1061 (Fla. 5th DCA 2005); Sullivan/. Atlantic Federal Savings & Loan 454 So.2d 52 (Fla. 4th DCA 1984)("a battery consists of the intentional infliction of a harmful or offensive contact upon the person of another"). See 3A Fla.Ju
s claim that would entitle him to relief." Id, (abrogating and quoting Conley I. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957)). The Supreme Court rejected the notion that "a wholly conclusory statement of claim [can] survive a motion to dismiss whenever the pleadings le[ave] open the possibili
nt to cause such contact or the apprehension that such contact is imminent. Quilling'. Price 894 So.2d 1061 (Fla. 5th DCA 2005)• Sullivan Atlantic Federal Savings & Loan 454 So.2d 52 (Fla. 4th DCA 1984)("a battery consists of the intentional infliction of a harmful or offensive contact upon the person of another"). See 3A Fla.Ju
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