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JENNINGS v. BACKMEYER

No. 81A01-9011-CV-468.

569 N.E.2d 689 (1991)

Jerry JENNINGS As Executor of the Estate of Delbert L. Jennings, Appellant (Plaintiff below), v. James M. BACKMEYER, Appellee (Defendant below).

Court of Appeals of Indiana, First District.

April 10, 1991.

Attorney(s) appearing for the Case

Douglas Norris, Cambridge City, for appellant.

James M. Backmeyer, Richmond, pro se.

ROBERTSON, Judge.

The Estate of Delbert L. Jennings appeals the judgment against it in its action against James M. Backmeyer, an attorney, to recover unearned legal fees paid by the decedent, Delbert L. Jennings, to Backmeyer under a "nonrefundable" fixed fee contract for legal services. The Estate raises three issues. Because one mandates reversal, we address it only. This issue may be restated as follows:

Whether a fee for legal services paid in advance...

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