Dissolution of Limited Liability Company

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Bento v. Bento, et al., [Ms. SC-2023-0365; SC-2023-0398, Mar. 22, 2024] __ So. 3d __ (Ala. 2024). The Court (Cook, J.; Parker, C.J., and Wise, Sellers, and Stewart, JJ., concur; Cook, J., concurs specially) dismisses the parties’ appeals from the St. Clair Circuit Court’s order in a dispute concerning the distribution of assets and liabilities following the dissolution of Bento Construction, LLC, a company co-owned by Brian and Bill Bento.

The Court notes that the order from which the parties appealed did not address the LLC’s unfinished projects or pending lawsuits involving the LLC. Ms. *8. Under Alabama Limited Liability Company Law, the trial court must determine whether any revenue from those projects or lawsuits will be sufficient to pay off the LLC’s debts before it can determine a final distribution of the company’s assets. Ms. *9, citing § 10A-5A-7.06, (Ala. Code 1975). “The trial court’s failure to address these issues leaves them unresolved and thus renders its January 6, 2023, order nonfinal.” Ms. *10. Accordingly, the Court dismisses the appeals.

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