August 21, 2013 03:11:37 GMT
The rapper gets a lucky break in the case filed against him for being a no-show for an Australia music fest since the summons were not validly served.
Flo Rida got a lucky break in the breach of contract case filed against him by concert promoter Mothership Music when judge Robert McFarlan decided in his favor in spite of his non-appearance in court. The clincher was the unusual way of serving the summons to appear in court via the 33-year-old entertainer's supposed Facebook page.
The rapper was sued by Mothership Music for breach of contract and damages after he failed to show up for his headliner gig at the 2011 Fat As Butler music festival in Newcastle, Australia despite already having received the $377,000 performance fee. Due to difficulties with serving Flo Rida and his management the court papers in person, sending them via Facebook was initially allowed by Justice Judith Gibson back in September 2012.
Flo Rida's attorney appealed that the summons were not validly served on his client. Judge McFarlan then upheld the appeal based on the argument that the Facebook page to which the papers were sent to was not ascertained if it in fact belonged to the rapper and even if it did, that wouldn't ensure that he got the summons in a timely manner.
"The evidence did not establish, other than by mere assertion, that the Facebook page was in fact that of Flo Rida and did not prove that a posting on it was likely to come to his attention in a timely fashion," ruled Judge McFarlan.