QUESTION

Legal Malpractice case to appeal an order for lack of prosecution without a hearing or rule to show cause

Asked on Aug 11th, 2022 on Litigation - Pennsylvania
More details to this question:
My attorney failed to respond to a motion in opposition of dismissing the case for lack of prosecution
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1 ANSWER

Bankruptcy Attorney serving Collegeville, PA at Nahrgang & Associates, P.C.
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There are 2 key questions which must be answered to determine if a malpractice case is your only remedy:  1) Was the case dismissed with prejudice which would prohibit a refiling?  2) Has the statute of limitations expired which would bar a refiling? If the answer to both questions is no, you may and should simply refile.  If the answer to either question is yes, then you should consult with malpractice counsel ASAP as there is a 2 year statute of limitations on malpractice in PA. I trust that answers your question, but do not hesitate to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com 
Answered on Aug 12th, 2022 at 1:05 PM

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