Ingle v. Arkansas Department of Human Services

The question of whether the circuit court acted in excess of its authority becomes a matter of subject-matter jurisdiction and may be raised sua sponte. Cincinnati Ins. Co. v. Johnson, 367 Ark. 468, 241 S.W.3d 264 (2006). In our unvarying application of the rule, we have stated that subject-matter jurisdiction is always open, cannot be waived, can be questioned for the first time on appeal, and can even be raised by this court. Id. Because the circuit court did not properly have subject-matter jurisdiction of this case, I respectfully dissent.

In Ingle v. Arkansas Department of Human Services,…