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STEINER v. MARKEL

No. 62 MAP 2008.

968 A.2d 1253 (2009)

Clifford L. STEINER and Bonnie J. Steiner, Appellees v. John F. MARKEL, Esquire and Nikolaus & Hohenadel, LLP, Appellants.

Supreme Court of Pennsylvania.

Decided April 29, 2009.

Attorney(s) appearing for the Case

Thomas A. French, Cory Allen Iannacone, Rhoads & Sinon, L.L.P., Harrisburg, for John F. Markel, Esquire and Nikolaus & Hohenadel, LLP, appellants.

Guy Paul Beneventano, Nauman, Smith, Shissler & Hall, L.L.P., Harrisburg, for Clifford L. and Bonnie J. Steiner, appellees.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY and GREENSPAN, JJ.

OPINION

Justice GREENSPAN.

We consider whether the Superior Court may declare, sua sponte, that a cause of action described in a complaint as a claim for "professional malpractice" is actually a claim for breach of contract for purposes of determining which statute of limitation applies. Appellants, John F. Markel, Esquire, and Nikolaus & Hohenadel, LLP (collectively referred to as the "Attorneys"), appeal from the Superior Court's order...

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