Smith v. Locklear

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…