(AllHipHop News) Rap star Fat Joe is demanding a lawsuit over his hit single "All The Way Up" be thrown out of court - since no one can find a signed copy of the original contract.
Miami rapper Fly Havana maintains he helped producer Infrared create the original version of the hit single "All The Way Up," which features Remy Ma and French Montana.
Fly Havana says Infrared gave the original track to Fat Joe and the rest is history - without him.
Fly Havana, born Eric Elliott, says he met with Fat Joe at an IHOP in an effort to settle the dispute, but unfortunately, the meeting would make the case more complex.
Prior to their meeting, Fat Joe hired a lawyer named Erica Moreira to prepare a one-page agreement in order to resolve Fly Havana's allegations.
During the 30-minute sit-down, Fat Joe handed over a $5,000 check and presented the document for Fly Havana to sign - which he did - without getting his copy of the agreement.
Despite taking the money and signing the agreement, Fly Havana filed a lawsuit against Fat Joe, Remy Ma in March of 2019, claiming he didn't read the agreement and was being unfairly cheated out of royalties from “All The Way Up."
In September, a judge ordered both parties to file whatever versions of the document they had in their possession.
But Fly Havana admitted he did not have a copy of what he signed, and he testified he "does not know how to read legal documents," but he thought the contract said he would be compensated and credited as a writer.
Fat Joe's lawyer says Fly Havana doesn't deserve a penny, because he signed a very common agreement stating his contribution to the song was a "work for hire."
And here is where things get complicated.
Fat Joe's lawyer can only produce the "draft" agreement she sent to the rap star, but no one can find the original document Fly Havana signed.
Fat Joe says he searched everywhere for a copy of the original executed agreement and so did his lawyer and his old manager, with no luck.
"The fact that the signed agreement cannot be found does not change the fact that Elliott did sign an agreement...Elliott has no information to controvert the conclusion that the Draft Agreement, with the exception of the signature, is the Document," Fat Joe's lawyer Eleanor M. Lackman argued.
"Defendants also have provided an explanation that shows that the absence of the signed Agreement was not procured by any bad faith on the part of Defendants," Fat Joe's lawyer added. "Under such circumstances, the question is purely evidentiary, and the best evidence rule resolves it."
Fat Joe's lawyer is asking a judge to enforce the draft agreement and dismiss Fly Havana's lawsuit in full and with prejudice.
On December 6th, Fat Joe is releasing a new album called Family Ties featuring Eminem, Cardi B., Lil Wayne, Mary J. Blige and others.