Emma Posik (plaintiff) and Nancy Layton (defendant) were a couple who entered into an agreement similar to that of a prenuptial agreement prior to moving to a different county together. The agreement stated that Layton would support Posik for the rest of Posik’s life, and would draft a will leaving Posik with her entire estate. The agreement also stated that a breach by Layton would require her to pay Posik liquidated damages in the amount of $2,500 per month for the rest of Posik’s life. Layton breached this agreement by moving in with another woman. Posik then brought suit to enforce their agreement. The trial court ruled in favor of Layton. Posik then appealed to the District Court of Appeal of Florida, 5th District.