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

terer, ...i FLSD Docket 10i„,2008 Page 4 of 10 Case No. CV-80119-Marra-Johnson Page No. 4 Procedure § 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) ("[T]he pleading must contain something more ... than ... a statement of facts that merely creates a suspicion [of] a legally cognizable right of

d 899 (6th Cir.). cert. denied. 423 U.S. 930.96 S. Ct. 280.46 L. Ed. 2d 258 (1975); members of a group advocating an unpopular position. Puentes v. Sullivan. 425 F. Supp. 249 (W.D.Tex.1977); laborers who are not members of a union. Scott v. Moore. 461 F. Supp. 224 (E.D.Tex.1978): members of the teaching

McKeithen, 395 U.S. 411, 89 S. Ct. 1843, 23 L. Ed. 2d 404 (1969); Voter Information Project v. City of Baton Rouge, 612 F.2d 208 (5th Cir. 1980); 5 Wright & Miller, Federal Practice and Procedure: Civil § 1363 (1969). Moreover, [FIN2] dismissal of an action on a barebones pleading should always be carefully an

other 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

ght to relief above the speculative level, see 5 C. Wright & A. Miller Federal Practice and Procedure § 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) C[T]he pleading must contain something more ... than ... a statement of facts that merely creates a suspicion [of] a legally cognizable right of a

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 con

Entered on FLSD Docket 10/06/2008 Page 4 of 10 Case No. CV-80119-Marra-Johnson Page No. 4 Procedure § 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) ("[T]he pleading must contain something more ... than ... a statement of facts that merely creates a suspicion [of] a legally cognizable right of

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

Entered on FLSD Docket 10/06/2008 Page 4 of 10 Case No. CV-80119-Marra-Johnson Page No. 4 Procedure § 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) ("[T]he pleading must contain something more ... than ... a statement of facts that merely creates a suspicion [of] a legally cognizable right of

other 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 con

ht to relief above the speculative level, see 5 C. Wright & A. Miller, Federal Practice and Procedure § 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) C[T]he pleading must contain something more ... than ... a statement of facts that merely creates a suspicion [of] a legally cognizable right of a