Stds of Review: Appellate review of dismissal for lack of prosecution

1045.  ATTORNEY FEES.  CONTRACT VS. QUANTUM MERUIT UPON VOLUNTARY WITHDRAWING.
BRADLEY (SAM), ET AL.
VS.
ESTATE OF HERMAN LESTER
OPINION VACATING AND REMANDING
ACREE (PRESIDING JUDGE)
DIXON (CONCURS) AND LAMBERT (CONCURS)
2009-CA-002157-MR
TO BE PUBLISHED
FLOYD

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 of fees. Therefore, we vacate the order of the Floyd Circuit Court and remand for additional proceedings.