QUILLING v. PRICE

No. 5D04-317.

894 So.2d 1061 (2005)

Gary C. QUILLING, Appellant, v. David J. PRICE, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 9, 2005.


Attorney(s) appearing for the Case

Gary C. Quilling, Mayo, pro se.

Michael G. Stofer and Frank A. Miller of Caglianone, Miller Anthony, P.A., Brooksville, for Appellee.


PALMER, J.

Gary C. Quilling appeals the trial court's order dismissing his civil complaint against appellee, David Price, for the failure to state a cognizable cause of action. Concluding that Quilling's complaint does state a cause of action for the tort of battery, we reverse.

Quilling is incarcerated in a Florida prison. He filed a pro se complaint against Price alleging that Price had battered him with a large bladed knife, sword, or machete, breaking...

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