Epstein Secrets

nother with the intent 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 conta

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, AIL Fed. Say. & Loan Assoc., 454 So. 2d 52, 54 (Fla. 4th DCA 1984) (affirming dismissal of assault claim where there was no affirmative act). In

re true (even if doubtful in fact), see, e.g., Swierkiewicz ii. Soremail. A., 534 U.S. 506, 508, n. 1, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002 ; Neitzke . Williams, 490 U.S. 319, 327, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989) ( Rule 12(b)(6) does not I countenance ... dismissals b sed on a judge's disbe

ther with the intent to 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 co

mplaint are true (even if doubtful in fact}, see, e.g., Swierkiewicz v. Sorema N. A., 534 U.S. 506, 508, n. 1, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002}; Neitzke v. Williams, 490 U.S. 319, 327, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989} (" Rule 12(b}(6} does not countenance . . . dismissals based on a judge's di

ing v. Price, 894 So.2d 1061 (Fla. 5th DCA 2005); Sullivan v. Atlantic Federal Savings & Loan, 454 So.2d 52

508, n. 1, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002); Neitzke v. Williams, 490 U.S. 319, 327, 109 S.Ct. 1827,