PARKWAY CORP. v. EDELSTEIN


861 A.2d 264 (2004)

PARKWAY CORPORATION and Scottsdale Insurance Company as Subrogee of Parkway Company, Appellant, v. Margolis EDELSTEIN and Jonathon Herbst, Esquire Appellee.

Superior Court of Pennsylvania.

Filed August 4, 2004.

Reargument Denied October 7, 2004.


Attorney(s) appearing for the Case

John O'Rourke, Jr., Norristown, for appellants.

Thomas J. Duffy, Philadelphia, for appellee.

Before: HUDOCK, ORIE MELVIN and MONTEMURO, JJ.


OPINION BY MONTEMURO, J.:

¶ 1 This appeal lies from an order denying Appellants' application to open a judgment of non pros in a suit based on allegations of legal malpractice, and presents an issue of first impression concerning the application of Pa.R.C.P. 1042.3 requiring the submission of a certificate of merit in professional liability actions.

¶ 2 Pa.R.C.P. 1042.3 provides in pertinent part:

(a) In any action based upon an allegation...

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