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V★TE FILESUnited States edition
Independent · nonpartisan
Illustrative anonymous person approaching a public clerk intake window
State court of last resort · ST-VA-SC

Small v. Federal Nat'l Mortgage Ass'n

No. 130317Supreme Court of Virginia

130317 Small v. Federal Nat'l Mortgage Ass'n 09/12/2013 In response to certified questions of law presented to the Court by a federal district court pursuant to Article VI, Section 1 of the Constitution of Vir…

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Current update

130317 Small v. Federal Nat'l Mortgage Ass'n 09/12/2013 In response to certified questions of law presented to the Court by a fed…

At a glance
Court
Supreme Court of Virginia
First seen
Oct 4, 2026
Last entry
Sep 12, 2013
Policy at issue

No bill or executive-order citation is attached to this file.

Official docket

Case timeline

The clerk's wording is shown verbatim and linked to the court's own document page where available.

Docket entry

130317 Small v. Federal Nat'l Mortgage Ass'n 09/12/2013 In response to certified questions of law presented to the Court by a federal district court pursuant to Article VI, Section 1 of the Constitution of Virginia and Rule 5:40, it is held that a clerk of court in Virginia lacks statutory standing to initiate a lawsuit, in his official capacity, to enforce the real estate transfer tax on the recording of instruments under Code §§ 58.1-801 and -802. Because the ministerial duties of a clerk of court do not extend to enforcing the state taxes at issue, the first certified question is answered in the negative and the second certified question is not addressed as a result.

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