Lackey v. Carson

FARMER, Judge.

Appellant, Roy L. Lackey, appeals from the trial court’s order dismissing the complaint for failure to state a claim upon which relief can be granted. Rule 12.02(6) T.R.C.P.

The complaint alleges that Plaintiff is an inmate in a state penal institution as a result of having entered into a plea bargain involving a charge of sexual offense against the defendant’s daughter. The defendant is Plaintiff’s former wife. The complaint, consisting of some twenty-eight (28) pages plus exhibits, contains a lengthy recitation of the parties’ marital problems and prior litigation. However, the…