Mier v. Stewart

BECK, Judge:

The procedural issue we address is whether under Pa. R.A.P. 341, an order dismissing a complaint without prejudice and giving plaintiff 30 days to file an amended complaint is a final order. We hold it is not a final order.

Appellant, Ricky Mier, brought a two count complaint, malpractice and breach of contract, against his former criminal defense attorney, Foster Stewart. The trial court granted Stewart’s demurrer and dismissed the malpractice count with prejudice on the grounds that Mier failed to plead as a matter of law a cause of action for criminal attorney malpractice. The…