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Appeals panel questions whether it reviews commissioner rulings or only district‑court orders
Summary
During argument in Small v. Small the panel emphasized precedent (Day v. Barnes) and repeatedly asked whether the Court of Appeals should review commissioner rulings directly or only the district court order that adopts or modifies a commissioner recommendation.
Early in argument the Court of Appeals foregrounded a procedural threshold: what precisely is the court reviewing when a commissioner has made evidentiary rulings that the district court signs off on.
The panel cited Day v. Barnes and summarized precedent that the Court of Appeals ordinarily reviews the district‑court order, not the commissioner’s independent actions. "What we really are reviewing is the decision of the District Court, not what…
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