It's a podocarpus which is normally grown as an outdoor tree. Indoors, it requires high light. Don't know if it will do okay outdoors where you are.

The potting mix looks dry. And the pot looks a tad small for a tree of that size.

I suspect the underlying problem is water, or lack thereof. How much, and how often do you water? Does the pot have a drain hole?

There is a moss laying on top of the soil. The tree came as is (yet better looking) from a nursery who said it would be perfect in my house, they also told the gift giver I should only water every 10-12 days. I have been watering about every 10 and spraying every other since it started looking so sad.

Thank you for the info. I love my houseplants but dont know much about them.

I agree that Podocarpus makes a much better outdoor plant in a warmer location, or in a semi-heated sun porch indoors.

It is a Podocarpus, the lady at the nursery told me it is an indoor tree and has a relative the Feathering Uwe that lives outdoors? I went to soak it in the shower (even though the soil felt moist) and found tiny little snails living on the trunk. The nursery lady finally gave me the OK to bring it in and exchange it for a new one. Should I get a ficus instead? The room I am putting it in is very large and open. It is in front of a picture window to the north, a full length skinny window to the west and the room it opens into has Picture window to the east and to the south. It really is getting PLENTY of light.

As mentioned earlier, Podocarpus (of any kind) is not a plant that takes well to the typical indoor environment.

Before purchasing a Ficus, I've attached a 'search' for you right here in this forum. Take some time and read some of the threads about this sometimes difficult and persnickety plant.

Here is a link that might be useful: Click here for some good reading!