Epstein Secrets

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

when, on the basis of a dispositive issue of law, no construction of the factual allegations will support a cause of action." Marshall County Bd. of Ethic. v. Marshal County Gas Dist., 992 F.2d 1171, 1174 (11th Cir. 1993). "[T]o survive a 2 EFTA00221978 Case 9:08-cv-80119-KAM Document 40 Entered

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

when, on the basis of a dispositive issue of law, no construction of the factual allegations will support a cause of action." Marshall County Bd. of Ethic. v. Marshal County Gas Dist., 992 F.2d 1171, 1174 (11th Cir. 1993). "[T]o survive a 2 EFTA00222421 Case 9:08-cv-80119-KAM Document 40 Entered

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

when, on the basis of a dispositive issue of law, no construction of the factual allegations will support a cause of action." Marshall County Bd. of Ethic. v. Marshal County Gas Dist., 992 F.2d 1171, 1174 (11th Cir. 1993). "[T]o survive a 2 EFTA00222724 Case 9:08-cv-80119-KAM Document 40 Entered