Rodieck v. Rodieck

(specially concurring) .

I concur in the result reached here and have no basic quarrel with the reasoning of the majority. However, I arrive at the same result, and largely through the same authorities, without relying principally upon this matter of “jurisdiction.”

As was said by Justice Struckmeyer: “There is no magic to be promoted by the incantation of the word ‘jurisdiction.’ ”1 Too often, “lack of jurisdiction” is the label placed by an appellate court upon its reason for setting aside the judgment of a trial court, when the real reason for the appellate action is that the court needs an…