Munke v. Munke

882 S.W.2d 803, 1994 Tenn. App. LEXIS 279
CourtCourt of Appeals of Tennessee
DecidedMay 23, 1994
StatusPublished
Cited by5 cases

This text of 882 S.W.2d 803 (Munke v. Munke) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Munke v. Munke, 882 S.W.2d 803, 1994 Tenn. App. LEXIS 279 (Tenn. Ct. App. 1994).

Opinion

CRAWFORD, Judge.

The issue in this appeal is whether the trial court erred in ordering that appellant, Bartlett Police Department, “allow the parties access to the tape recorded statements taken from plaintiffs’ daughter and the transcripts thereof for use in litigation in this court.”

On December 23, 1991, plaintiff, Millisa Ann Munke, sued defendant, James Joe Munke, Sr., for divorce. The complaint sought, among other things, custody of the parties’ two minor children. On October 26, 1992, James Joe Munke, Sr., filed a petition in the Memphis and Shelby County Juvenile Court to declare the children dependent and neglected. The Juvenile Court determined that the children were dependent and neglected and ultimately entered an order granting custody of the children to the father, James Joe Munke, under the supervision of the Tennessee Department of Human Services. Mrs. Munke appealed this decision to the circuit court, where the case was consolidated for disposition with the divorce case previously filed in chancery court and transferred to circuit court.

On October 8, 1993, the circuit court entered a “consent order directing disclosure of statements,” which we quote:

It appears to the Court that the parties consent and agree that there are tape recordings and typewritten transcripts of tape recordings of statements by the parties’ daughter, Miranda Munke, to Lieutenant Johnson of the Bartlett Police Department on or about October 24, 1992, October 25, 1992, and April 5, 1993.
It further appears to the Court that the parties consent and agree that the proceedings before this Court involve issues of protecting a child or children from child abuse, neglect, or child sexual abuse. The parties further agree that the tape recordings and transcripts of statements by Miranda Munke may be necessary information for the proper disposition of this case and, therefore, the said tapes and transcripts should be disclosed to the parties.
It further appears to the Court that the parties consent and agree that this Court should order the District Attorney General for the Thirtieth Judicial District of Tennessee to deliver copies to counsel for the parties of any tape recordings or transcripts and transcripts of tape recordings of any statements given by Miranda Munke, including those statements on the dates described above.

The record is silent as to any efforts to enforce this order or. the results of such efforts. On October 12,1993, however, Milli-sa Ann Munke filed a motion for an order permitting inspection and copying of witness statements, in which she sought access to the tape recorded statements of Miranda Munke taken by Lieutenant Johnson of the Bartlett Police Department on various dates. The motion alleged that the Bartlett Police Department’s investigation of child sexual abuse charges concerning the child resulted in indictments, but that the Shelby County District Attorney General dismissed the indictments on September 29, 1993. The motion also averred that the Bartlett Police Depart[805]*805ment had custody of the tape recordings and transcripts thereof, but refused to allow the inspection and copying of same. Mrs. Munke also filed a notice of deposition duces tecum seeking the same information that was served on Lieutenant Johnson.

The City of Bartlett filed a motion to quash the subpoena duces tecum, which was denied by the circuit court. The order denying the motion directed the Bartlett Police Department to allow the parties access to the aforementioned tape recorded statements and the transcripts thereof. This order also stated that it “is a final judgment as to the City of Bartlett Police Department and that there is no just reason for the delay pursuant to Rule 54.02 of the Tennessee Rules of Civil Procedure.”' The Bartlett Police Department filed a notice of appeal pursuant to T.R.A.P. 3, and the case has reached this Court with the hereinbefore stated issue for review.

We should first comment on the method used to bring this case to this Court. We note that Bartlett Police Department is not a party to the proceeding, nor does Bartlett Police Department assert any claim. Tenn.R.Civ.P. 54.02 is applicable only when there is a disposition of “one or more but fewer than all of the claims or parties-” The order appealed from is purely interlocutory and cannot be made final pursuant to Tenn.R.Civ.P. 54.02. The parties should have proceeded by a T.R.A.P. 9 interlocutory appeal by permission, or in the absence of such permission, by a T.R.A.P. 10 extraordinary appeal. However, in the interest of judicial economy, we will treat the appeal as an interlocutory appeal by permission of both the trial court and the appellate court. The trial court evidenced its permission via the 54.02 language in the order. We will consider this Court’s order staying the trial court’s order pending appeal as a grant of interlocutory appeal.

City of Bartlett asserts that under the provisions of T.C.A. § 37-1-601 to § 37-1-616 (1991 & Supp.1993), it is prohibited from disclosing its investigative results. On the other hand, the parties to the litigation, the mother and father of the subject child, assert that pursuant to the provisions of T.C.A. § 37 — 1—612(h), the trial court properly ordered the inspection of the involved documents.

T.C.A. § 37-1-612 (1991) provides in pertinent part:

37-1-612. Confidentiality of records and reports — Violations—Access to records — Confirmation of investigation— Anonymity of abuse reporters. — (a) In order to protect the rights of the child and his parents or other persons responsible for the child’s welfare, all records concerning reports of child sexual abuse, including reports made to the abuse registry and to local offices of the department and all records generated as a result of such reports, shall be confidential and exempt from other provisions of law, and shall not be disclosed except as specifically authorized by the provisions of this part and part 4 of this chapter.
(b) Except as otherwise provided in this part or part 4 of this chapter, it is unlawful for any person, except for purposes directly connected with the administration of this part, to disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce in the use of any list or the name of, or any information concerning a report or investigation of a report of harm under this part, directly or indirectly derived from the records, papers, files or communications of the department or divisions thereof acquired in the course of the performance of official duties.
⅞ * ⅜ ⅜ * ⅜
(h) For purposes directly connected with the administration of this part and part 4 of this chapter, the department may disclose any relevant information to the court, administrative board or hearing officer, the parties, or their legal representatives in any proceeding which may be brought in any court, or before any administrative board or healing officer, for the purpose of protecting a child or children from child abuse or neglect or child sexual abuse.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kenneth Kelly v. Thomas A. Stewart
Court of Appeals of Tennessee, 2025
Re Land TN II, Inc. v. 840 Development Group, LLC
Court of Appeals of Tennessee, 2024
Becky Cooper v. Jason Powers
Court of Appeals of Tennessee, 2011
Victor James Cazes v. State of Tennessee
Court of Criminal Appeals of Tennessee, 1999

Cite This Page — Counsel Stack

Bluebook (online)
882 S.W.2d 803, 1994 Tenn. App. LEXIS 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munke-v-munke-tennctapp-1994.