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Small v. Federal Nat'l Mortgage Ass'n

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Current status: FILED
As of: Sep 12, 2013
Source: SUPREME COURT OF VIRGINIA · DOCKET 130317 ↗

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Status is derived only from narrow phrases in the court’s verbatim disposition or latest 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 …

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