Appeals Court: Smith's Body Stays In Florida
Custody Hearing Set For March In Paternity Matter
POSTED: Monday, February 26, 2007
UPDATED: 4:50 pm EST February 26,
2007
WEST PALM BEACH, Fla. -- A Florida appeals court has temporarily blocked the removal of Anna Nicole Smith's body to the Bahamas. Virgie Arthur, Smith's mother, has been engaged in a legal battle over where Smith should be buried. Arthur wants her daughter buried in her native Texas. Smith's companion, Howard K. Stern, wants Smith buried in the Bahamas, alongside her 20-year-old son who died in Bahamas last year of complication from drug use. Smith's body remains in Fort Lauderdale, a few miles from where she was found dead Feb. 8 in her hotel room.Arthur's lawyers wanted the 4th District Court of Appeal in West Palm Beach to reconsider a Broward County judge's ruling in which he refused to reconsider a decision to let an attorney representing Smith's 5-month-old baby decide where the child should be buried.The appeals court issued a stay Monday afternoon, which in effect blocks the removal of the body to the Bahamas.The ruling backs up Judge Larry Seidlin's actions from earlier in the day Monday.Arthur had asked Seidlin to change his mind about turning the body over to Smith's companion Howard K. Stern, but Seidlin refused.Meanwhile, those involved in the three-way battle for custody of Smith's infant daughter, Dannielynn, will now wait at least until next month for a resolution.An attorney for Smith's estate said that the judge presiding over the dispute in the Bahamas has scheduled a hearing for March. The battle involves Smith's companion, her estranged mother and an ex-boyfriend, Larry Birkhead, who claims he's the father.Arthur, is trying to get guardianship from Stern, who is listed as the father on the birth certificate. An attorney for Birkhead said she expects DNA testing.An attorney for Arthur said she has asked to see her granddaughter, who could inherit a fortune because of her late mother's marriage to an elderly multimillionaire who later died.But the judge said that Arthur needs permission from Stern.In addition, TMZ.com has reported that Birkhead, was allowed to visit with Dannielynn over the weekend.According to TMZ, Birkhead and Stern are in settlement negotiations over the paternity matter. But Birkhead's attorney, Debra Opri, told TMZ that "paternity and custody of the little girl are not negotiable."
Previous Stories:
- February 26, 2007: Smith Legal Battle Shifts To Bahamas
- February 25, 2007: Anna: 'It's Very Expensive To Be Me'
- February 23, 2007: Smith Court Battles Shift To Bahamas
- February 23, 2007: Custody Battle Switches From Smith To Daughter
- February 22, 2007: Smith's Remains Go To Daughter's Guardian
- February 22, 2007: Smith's Remains Go To Daughter's Guardian
- February 21, 2007: Smith's Mother Wants Grandson Exhumed
- February 21, 2007: Judge To Rule By Friday On Custody Of Smith's Body
- February 20, 2007: Anna Nicole Smith Judge Wants TV Show, Report Says
- February 20, 2007: Stern: Smith Wanted To Be Buried In Bahamas
- February 20, 2007: Hearings Over Paternity, Anna Nicole's Burial Continue
- February 18, 2007: Amid Flap Over Smith, Bahamas Official Resigns
- February 17, 2007: Anna Nicole Smith's Body Embalmed
- February 16, 2007: Anna Nicole Smith's Will Released
- February 15, 2007: Judge Orders New Anna Nicole DNA Sample
- February 14, 2007: Smith May Finally Be Able To Be Buried
- February 14, 2007: Anna Nicole's Mother Seeks Guardianship
- February 14, 2007: Smith's Last Movie Set For May Release
- February 13, 2007: Tape In Anna Nicole Smith Death Released
- February 12, 2007: Sister: Stern 'Overwhelmed With Grief' Over Anna Nicole
- February 8, 2007: Autopsy Planned For Anna Nicole Smith
Distributed by Internet Broadcasting Systems, Inc. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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