In response to an appeal of the dismissal of a legal malpractice suit, a Philadelphia judge said her former colleague’s decision to toss the case was “inappropriate.”

The suit was filed against Gregory R. Noonan, a former Montgomery County attorney who resigned from the practice of law after being arrested for and subsequently pleading guilty to selling drugs. Noonan was sued by a former client, Thomas Carl, for failing to file suit in time in his employment discrimination case.