CLARK INVESTMENTS, INC. v. Airstream, Inc.

PRESIDING JUSTICE HOLDRIDGE,

dissenting:

I would remand this matter to the circuit court with instruction that the cause be dismissed for lack of jurisdiction over the subject matter. Subject matter jurisdiction cannot be waived, conferred by stipulation, or consented to by the parties. City of Marseilles v. Radke, 287 Ill. App. 3d 757, 761 (1997). Subject matter jurisdiction can be raised any time, even on appeal, and may be raised by a court of review sua sponte. Jones v. Industrial Comm’n, 335 Ill. App. 3d 340, 343 (2002).

Here, plaintiff, Clark Investments, Inc., filed a complaint in the…