(AllHipHop News) Rapper Fly Havana is fighting hard for his piece of the hit hip-hop single "All The Way Up" by Fat Joe, Remy Ma, French Montana, and Infrared.
The Miami rapper just replied to Fat Joe's argument that an unsigned draft agreement is just as good as the one that was signed - and misplaced.
"As an author, he is entitled to a jury trial on his declarations of authorship alleged in the complaint, regardless of the contract’s validity," Fly Havana's lawyer Francis Malofiy said.
Fly Havana has maintained he was one of the original creators of the massively successful single "All The Way Up," which has sold over 2 million copies and featured a remix with Jay-Z.
Fly Havana says Fat Joe attempted to squash the dispute amicably when they met up at an IHOP in March of 2016.
During the meeting Fat Joe gave Fly Havana $5,000 and a contract to sign.
According to Fly Havana, he later realized he was not going to get any royalty payments from the hit single so he filed his lawsuit in March of 2016.
The court drama became messy when Fly Havana disclosed he never asked for a copy of the original contract he endorsed, and Fat Joe told the judge he could not find a signed copy of the agreement either.
Fat Joe argued the acceptance of the $5,000 and the draft agreement he provided to the judge was enough proof to rule in his favor and have the lawsuit dismissed.
But Fly Havana's latest filing seeks to bring Fat Joe's argument all the way down.
First off, Fly Havana says the $5,000 Fat Joe gave him at the IHOP was not a payment but were royalties due for helping to create "All The Way Up," which had already become a monster hit.
"The $5,000 is not valid consideration for this particular agreement because Defendants were already obligated to provide this money to Elliott as their co-author and co-owner before the IHOP meeting."
Next up, Fly Havana's lawyer said Fat Joe's "draft" contract his lawyer presented as evidence is "plainly invalid" because it is not signed, and since the $5,000 was for royalties owed, there was no consideration between to make the contract binding.
"It is black-letter law that the payment of already obligated monies is not consideration," Francis Malofiy argued.
Fly Havana and his lawyer are asking a judge to rule against Fat Joe's motion to dismiss the "All The Way Up" lawsuit and order a trial by jury.