# Smith v. Locklear

> District Court of Appeal of Florida · July 29, 2005 · 906 So. 2d 1273

URL: https://www.frixlaw.com/law-library/cases/7776937

## Case

- **Full name:** Lois Locklear SMITH v. James Early LOCKLEAR, Sr.
- **Court:** District Court of Appeal of Florida
- **Decided:** July 29, 2005
- **Citations:** 906 So. 2d 1273; 2005 Fla. App. LEXIS 11813; 2005 WL 1787452
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Orfinger, Palmer, Torpy
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7776937

## How later opinions describe it (automated extraction)

- affirming trial court’s determination that purported agreement was unenforceable because it lacked consideration

## Opinion text

PER CURIAM.
We affirm the trial court’s determination that the purported agreement between Lois Locklear Smith and her brother, James Early Locklear, Sr., is unenforceable. The agreement lacks consideration. Providing past services rendered without the expectation of compensation is not adequate consideration to support a contract. See Fla. Nat’l Bank & Trust Co. v. Brown, 47 So.2d 748, 760 (Fla.1949). Alternatively, an agreement to make a gift is not enforceable against the donor. Brown v. Brown, 501 So.2d 24, 27 (Fla. 5th DCA 1986). Consequently, “[t]he promisor may change his mind at will and is likewise free to correct any mistake he might make in effectuating his intention to make a gift and is also free to not do so.” Id. Finally, the agreement lacks sufficient specificity for enforcement. In order to create a contract, it is essential that there exist a reciprocal agreement to certain and definite terms. So long as any essential matters are left open for further consideration, the contract is not complete. Strong & Trowbridge Co. v. H. Baars & Co., 60 Fla. 253 , 54 So. 92 (1910).
AFFIRMED.
PALMER, ORFINGER and TORPY, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7776937. Public record. Not legal advice.