Conseco Finance Servicing Corp. v. Missouri Department of Revenue

STEPHEN N. LIMBAUGH, JR., Chief Justice,

concurring.

I agree that the judgment must be reversed for lack of standing. I write separately, however, because the majority addresses other issues, particularly sever-ability under section 1.140, RSMo, that are unnecessary for resolution at this point in the proceedings and that were not raised, briefed, or argued by the parties. Standing on the other hand, is jurisdictional in nature and may be addressed sua sponte. See State ex rel. Mathewson v. Bd. of Election Comm’rs of St. Louis County, 841 S.W.2d 633, 634 (Mo. banc 1992) (“Standing is akin to…