Schmidt v. Rosin, No. 354 EAL 2020

CourtUnited States State Supreme Court of Pennsylvania
Writing for the CourtPER CURIAM.
Citation248 A.3d 415 (Mem)
Decision Date07 April 2021
Docket NumberNo. 354 EAL 2020
Parties Harry SCHMIDT and Gary Schmidt, Respondents v. Robert ROSIN, Individually and as Robert Rosin, Esq., Petitioner

248 A.3d 415 (Mem)

Harry SCHMIDT and Gary Schmidt, Respondents
v.
Robert ROSIN, Individually and as Robert Rosin, Esq., Petitioner

No. 354 EAL 2020

Supreme Court of Pennsylvania.

April 7, 2021


ORDER

PER CURIAM

AND NOW , this 7th day of April, 2021, the Petition for Allowance of Appeal is GRANTED, on a limited basis, the Superior Court's order is VACATED to the extent that it revived the dismissed claim of legal malpractice asserted on behalf of Gary Schmidt, and the matter is REMANDED for consideration of whether Respondents raised and preserved a contract-based theory consistent with the requirements stated in Steiner v. Markel , 600 Pa. 515, 968 A.2d 1253 (2009). The petition for allowance of appeal is DENIED in all other respects, albeit without prejudice to Petitioner's ability to raise his arguments under Guy v. Liederbach , 501 Pa. 47, 459 A.2d 744 (1983), and Estate of Agnew v. Ross , 638 Pa. 20, 152 A.3d 247 (2017), in a subsequent petition for allowance of appeal, should the issue-preservation issue be decided adversely to him.

To guide the ensuing review, the Court notes the following. Citing Steiner , Petitioner asserts that the Superior Court inappropriately proceeded sua sponte to raise a contract-based theory to support the viability of a cause of action by Gary Schmidt for legal malpractice.

The central holding of Steiner was that plaintiffs would not be permitted to pursue a contract-based theory on appeal in a legal malpractice action, where the intention to purse relief based on contract principles was not properly developed and preserved. See Steiner , 968 A.2d at 1260. And significantly, a sufficient treatment of an issue in an appellant's brief is an essential component of issue preservation. See, e.g. , Commonwealth v. Johnson, 604 Pa. 176, 985 A.2d 915, 924 (2009) (explaining that, "where an appellate brief fails to provide any discussion of a claim with citation to relevant authority or fails to develop the issue in any other meaningful fashion capable of review, that claim is waived.").

Here, in Respondents’...

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2 practice notes
  • Schmidt v. Rosin, J-A06008-20
    • United States
    • Superior Court of Pennsylvania
    • June 10, 2021
    ...2017), in a subsequent petition for allowance of appeal, should the issue preservation issue be decided adversely to him.Schmidt v. Rosin, 248 A.3d 415 (Pa. 2021). The Supreme Court's order limits our review to a single issue: whether, under Steiner, Gary raised and preserved an action for ......
  • Schmidt v. Rosin, 1310 EDA 2019
    • United States
    • Superior Court of Pennsylvania
    • June 10, 2021
    ...in a subsequent petition for allowance of appeal, should the issue preservation issue be decided adversely to him. Schmidt v. Rosin , 248 A.3d 415 (Pa. 2021). The Supreme Court's order limits our review to a single issue: whether, under Steiner , Gary raised and preserved an action for brea......
2 cases
  • Schmidt v. Rosin, J-A06008-20
    • United States
    • Superior Court of Pennsylvania
    • June 10, 2021
    ...2017), in a subsequent petition for allowance of appeal, should the issue preservation issue be decided adversely to him.Schmidt v. Rosin, 248 A.3d 415 (Pa. 2021). The Supreme Court's order limits our review to a single issue: whether, under Steiner, Gary raised and preserved an action for ......
  • Schmidt v. Rosin, 1310 EDA 2019
    • United States
    • Superior Court of Pennsylvania
    • June 10, 2021
    ...in a subsequent petition for allowance of appeal, should the issue preservation issue be decided adversely to him. Schmidt v. Rosin , 248 A.3d 415 (Pa. 2021). The Supreme Court's order limits our review to a single issue: whether, under Steiner , Gary raised and preserved an action for brea......

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