Johnson v. Berge

¶ 16. {concurring). While I generally agree with the reasoning of the majority opinion and do concur in the result reached, I write this concurrence to point out a confusion often inherent in appellant opinions, that I believe needs clarification. My concern is the use of the words "subject matter jurisdiction," or simply "jurisdiction," when what is at issue is the competency of the circuit court to proceed.

¶ 17. The terms competence and jurisdiction have been used without precision by courts and others on a repeated basis. Ocasio v. Froedtert Mem’l Lutheran Hosp., 2001 WI App 264, ¶ 1 n.2,…