Thomas Industries, Inc v. Wells

The plaintiff’s application for leave to appeal places two matters at issue: (1) the procedures for deciding a claim that a plaintiff may not maintain an action because it is a foreign corporation transacting business in the state without a certificate of authority; and (2) the consequences of a finding that plaintiff has been transacting business within the state without having obtained a certificate of authority. We conclude that the circuit judge erred in dismissing the action with prejudice and without an evidentiary hearing.

I

The plaintiff commenced this action on June 18, 1975 seeking…