State ex rel. Wilson-Simmons v. Lake County Sheriff's Department

Motion to Dismiss for Lack of Subject-Matter Jurisdiction

The sheriffs department filed a motion to dismiss for lack of subject-matter jurisdiction. In response, Wilson-Simmons filed a motion to strike the sheriffs *40department’s motion because it was filed after the sheriffs department had filed an answer.

We overrule Wilson-Simmons’s motion to strike. Contrary to her claims, the issue of subject-matter jurisdiction cannot be waived and therefore can be raised at any time during the proceedings. In re Byard (1996), 74 Ohio St.3d 294, 296, 658 N.E.2d 735, 737, citing Civ.R. 12(H)(3); S.Ct.Prac.R.…