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BRADLEY v. ESTATE OF LESTER

No. 2009-CA-002157-MR.

355 S.W.3d 470 (2011)

Sam BRADLEY; Scott Bradley; Susan Bradley Allen; Avonell Bradley Blondell; Edward Slone; Lena Bradley Hopkins; Betty Hopkins Baldridge; Edith Hopkins Jones; Ishmael Hopkins, Jr.; Mary Francis Webb; Dora Barney Johns; Marie Bradley Slone; Keith Slone; Ray Slone; John M. Slone; Walter Scott Slone; Linda Slone Ward; Mary Kay Slone Franklin; Veronica Bolden, Administratrix of the Estate of Thomas Amburgey; and Sandra Sue Slone Martin, Appellants, v. ESTATE OF Herman LESTER, Appellee.

Court of Appeals of Kentucky.

November 10, 2011.

Attorney(s) appearing for the Case

Michael W. Oyler , Louisville, KY, for appellants.

Martin L. Osborne , Prestonsburg, KY, for appellee.

Before ACREE and DIXON, Judges; LAMBERT, Senior Judge.

OPINION

ACREE, Judge:

Appellants appeal the Floyd Circuit Court's order awarding attorney fees to the Appellee, the Estate of Herman Lester. Specifically, the question presented is whether an attorney who withdraws from representation is entitled to recover his fee pursuant to the original contingency fee agreement, or limited to recovery on a quantum meruit basis. Upon the facts before us, we find quantum meruit is the proper calculation...

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