Garcia v. Garcia

Garcia v. Garcia was a case involving a request by the former husband for a downward modification of child support. The case was tried by the general magistrate, who denied the petition, and the trial judge adopted the recommendations after the former husband filed exceptions. This was error, because the record provided to the judge was incomplete. A magistrate is responsible for creating an accurate and complete record of the proceedings. A trial court may not adopt or ratify a magistrate’s report if the magistrate fails to file a complete record of the evidence with the report, regardless of whether exceptions have been filed to that report. Likewise, if a trial court has not received a complete record at the time the magistrate filed his or her report, all subsequent actions based on such reports and recommendations, upon attack, are subject to being deemed erroneous and based upon possible improper recommendations.

Garcia v Garcia