Cag Mlg, L.L.C. v. Bart Smelley and Smelley Family Investments, L.L.C.

Summary

The Alabama Supreme Court reversed the circuit court’s dismissal of CAG’s suit, holding that a foreign limited‑liability company’s lack of registration to transact business in Alabama is a capacity defense that must be raised in an answer and cannot be used to dismiss a complaint on a Rule 12(b)(6) motion when the complaint’s face does not show the incapacity. The Court remanded for further proceedings.