Kizer v. Davis

Attorney James Kizer filed suit against his former client, Joyce Davis, to recover on quantum meruit for legal services rendered. Trial to the court resulted in a judgment in Davis’ favor, from which Kizer perfected this appeal. We reverse for the reason that the decision is contrary to law. The trial court’s reason for denying recovery is invalid.

The trial judge entered special findings and conclusions, upon his own motion, pursuant to TR. 52(A). 1 His “memorandum opinion and judgment” reads as follows:

“The plaintiff’s complaint is predicated upon the theory that he has performed services at…