Chris Lawrence vs. Leigh Ann Lawrence

Leigh Ann Lawrence ("Mother") secretly tape recorded her 2 1/2-year-old daughter's telephone conversation with the child's father, Chris Lawrence ("Father"), during the course of a divorce and custody dispute. After the divorce was concluded, Father filed a complaint against Mother seeking damages for, among other things, wiretapping in violation of Tenn. Code Ann. _39-13-601 (2006). Father filed a motion for partial summary judgment which the trial court denied upon finding that "[n]o set of facts would create liability under _39-13-601 et seq. for [Mother's] interception of [Father's] communication with his daughter." The court then entered partial summary judgment in favor of Mother and certified the judgment as final. Father appeals. We affirm.