Epstein Secrets

Herzfeld, 781 So.2d 1070 (Fla.2001) (noting that plaintiff alleged intentional tort of “assault and battery” based on allegations of sexual abuse); Sullivan v. 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 entire

a harmful or offensive contact upon another with the intent to cause such contact or the apprehension that such contact is imminent”. See Paul v. Holbrook, 696 So.2d 1371 (Fla. 5th DCA 1997). See also Scelta v. Delicatessen Support Services, Inc., 57 F.Supp. 2d 1327, 1358-59 (M.D. Fla. 1999) (allegati

Herzfeld, 781 So.2d 1070 (Fla.2001) (noting that plaintiff alleged intentional tort of “assault and battery” based on allegations of sexual abuse). Sullivan v. 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 entire

bley, 127 5. Ct. 1955, 1965 (2007). Here, the factual allegations establish an intentional tort claim for sexual assault and battery.3 See Paul v. Holbrook, 696 So.2d 1311 (Fla. 5th DCA 1997) (“[a] battery consists of the infliction of a harmful or offensive contact upon another with the intent to caus

with the intent to cause such contact or the apprehension that such contact is imminent. Paul v. Holbrook, 696 So.2d 1311, 1312 (Fla. 5th DCA 1997); Sullivan v. Atlantic Fed. Sav. & Loan Ass'n, 454 So.2d 52, 54 (Fla. 4th DCA 1984), review denied, 461 So.2d 116 (Fla.1985). Defendant does not contend that

tion of a harmful or offensive contact upon another with the intent to cause such contact or the apprehension that such contact is imminent. Paul v. Holbrook, 696 So.2d 1311, 1312 (Fla. 5th DCA 1997); Sullivan v. Atlantic Fed. Sav. & Loan Ass'n, 454 So.2d 52, 54 (Fla. 4th DCA 1984), review denied, 461 So.2

Herzfeld, 781 So.2d 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

Twombley 127 5. Ct. 1955, 1965 (2007). Here, the factual allegations establish an intentional tort claim for sexual assault and battery.3 See Paul . Holbrook, 696 So.2d 1311 (Fla. 5th DCA 1997) ("[a] battery consists of the infliction of a harmful or offensive contact upon another with the intent to caus

N present ability to effectuate the attempt." An assault thus requires "an affirmative act—a threat to use force, or the actual exertion of force." Sullivan v. Ad. Fed. Say. & Loan Assoc., 454 So. 2d 52, 54 (Fla. 4th DCA 1984) (affirming dismissal of assault claim where there was no affirmative act). I

Twombley 127 5. Ct. 1955, 1965 (2007). Here, the factual allegations establish an intentional tort claim for sexual assault and battery.3 See Paul . Holbrook, 696 So.2d 1311 (Fla. 5th DCA 1997) ("[a] battery consists of the infliction of a harmful or offensive contact upon another with the intent to caus