An energy drink company has asked the Florida Supreme Court to review a lower court decision regarding an $82.6 million ruling against it for rapper Flo Rida.
Celsius Holdings filed a motion February 28 with Florida’s Fourth District Court of Appeal to invoke the discretionary jurisdiction of the state Supreme Court to review a December 11 decision by the court officially rendered February 6 to deny a rehearing. The Supreme Court filed an acknowledgement of the new case March 3.
In 2023, a Broward County jury ruled for Flo Rida, saying Celsius energy drinks breached an endorsement contract with the rapper, whose real name is Tramar Dillard. The jury found that Celsius was required to issue stock shares to Flo Rida if certain sales goals were met. The rapper entered an agreement with Celsius in 2014 to promote its energy drinks.
Celsius appealed that 2023 ruling to Florida’s Fourth Circuit, arguing that the Broward County Judge David Haimes allowed the wrong stock value to be used when determining damages. Celsius says the date used should have been April 30, 2021, when it rejected a demand from Flo Rida. The court, however, allowed the jury to determine damages based on Celsius stock on January 13, 2023, the last day evidence was presented at trial.
In its December 2024 decision, the Fourth District agreed with Celsius that the wrong date was used.
“Because the jury relied on the improper valuation argument and evidence in calculating the damages award, we reverse the damages portion of the final judgment,” the opinion states. “Celsius argues this court should remand for the trial court to determine … damages based on the stock price on the date of the alleged breach.
“However, the appellees (Flo Rida and related companies) also argued below that the jury could measure their damages based on the stock price as of November 1, 2021, because the stock was restricted, and the appellees could not have sold the stock until November 1.”
So, the Fourth District judges remanded the case back to Broward County for the presentation of evidence to a fact finder regarding these two valuation options.
In its March 3 notice, Celsius says its motion for rehearing was denied by the Fourth District, so it asks the Supreme Court to step in.
“This (Fourth District) court’s decision expressly and directly conflicts with decisions of the Florida Supreme Court and other district courts of appeal,” the motion states.
According to his original complaint, Flo Rida was a brand ambassador for Celsius from 2014 to 2018. During that time, he says he played an key role in launching a new era for the company’s brand development, growth and expansion, and he says he introduced Celsius to millions around the world. The complaint says the partnership helped Celsius to grow its product portfolio by adding a powder product and a new product line called Celsius Heat.
“Basically, I helped birth this company, and all we was looking for was some trustworthy people who acted as if they were family,” Flo Rida said when he filed the comlaint. “And then when it comes down to the success of today, they just forgot about me.”