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Virgie Arthur files Appeal, Anna Nicole's Burial halts Fame it!
Posted on Feb 27 2007 3:05 AM by Zek Mike
Filed Under: NEWS , SIGHTINGS ,

After Florida Circuit Court Judge Larry Seidlin ruled that the body of Anna Nicole Smith should go to her daughter, Dannielynn, and thus to her court-appointed attorney, Richard Milstein, it seemed that the case of just where Anna Nicole Smith would be buried had been settled. Judge Seidlin was insistent that he wanted Anna Nicole Smith buried next to her son, Daniel, who died in the Bahamas at the age of 20. When Judge Seidlin ruled last Thursday, all parties involved seemed to be in agreement. Howard K. Stern, Larry Birkhead, Richard Milstein and Virgie Arthur all came to the conclusion that Anna Nicole Smith would be buried in the Bahamas next to Daniel Smith. After a series of appeals launched by Virgie Arthur, that ruling is now in doubt.


On Friday, Virgie Arthur, the mother of Anna Nicole Smith, filed an emergency motion with Judge Seidlin to prevent the Broward County Medical Examiner from releasing the body of Anna Nicole Smith, where it has been for the last two and a half weeks since Smith died on Feb. 8. Seidlin denied the request brought by Virgie Arthur, saying that keeping the body in the Medical Examiner's office would, "delay a proper and timely funeral service for Anna Nicole Smith," according to E Online. As part of his ruling, Judge Seidlin stated that, "The court is particularly concerned with the dignity of Anna Nicole Smith, the rights of Dannielynn, and the rights of Smith's other loved ones." That didn't stop Virgie Arthur from filing an appeal with Florida's Fourth District Court of Appeals in West Palm Beach, and today, that appeals court suspended the ruling delivered by Judge Seidlin, blocking the burial of Anna Nicole Smith in the Bahamas.


The Fourth District Court of Appeal granted the emergency petition brought by Virgie Arthur, thereby stopping Richard Milstein, the court-appointed guardian of Smith's 5-month-old daughter, Dannielynn, from taking the body to the Bahamas. With the successful appeal brought by Virgie Arthur, who wants to bury Anna Nicole Smith in her home state of Texas, the appeals court has given Richard Milstein and the attorney for Howard K. Stern until 2 p.m. tomorrow to respond to the challenge. Once the lawyers have all filed their responses, the appeals court will review all the materials presented, and may choose to seek oral arguments or can simply decide the case based on the evidence already entered.


Roberta G. Mandel, the lawyer for Virgie Arthur, wrote in her appeal filing that Judge Seidlin's ruling was an inconvenience to Virgie Arthur because she, "will have to have a passport and roundtrip airplane tickets and several thousand dollars to even visit or put flowers on (Smith's) grave," according to the Washington Post. Mandel also said that the request had to be made promptly. "It is an emergency because once that body is moved, that's it." In response to the appeal filed on behalf of Virgie Arthur, Ron Rale, the attorney for Howard K. Stern, was quoted by Forbes as saying, ""We were hoping that she would do the right thing. I believe the testimony was clear where Anna Nicole wanted to be buried, and anything that obstructs that, to complete her wishes as soon as possible, is sad."


While the Florida legal battle over the body of Anna Nicole Smith drags on, a Bahamian court has been tasked with determining the guardianship of Dannielynn, who has yet to leave the Bahamas. Supreme Court Justice Stephen Issacs dealt with procedural matters in a private hearing on Monday, according to an attorney for Smith's estate, Wayne Munroe. Judge Issacs was expected to decide on whether on not to consolidate the paternity battle over Dannielynn Stern with the legal battle for guardianship over the infant daughter of Anna Nicole Smith. Judge Issacs scheduled the next hearing on the matter for March, and the case will be between Virgie Arthur and Howard K. Stern, the man listed on Dannielynn's birth certificate as her father. While the case is being heard by the Bahamian Supreme Court, the judge has barren Howard K. Stern from taking Dannielynn out of the country.


Though Howard K. Stern is recognized as the father of Dannielynn in the yes of the law, several other men have come forward to claim they may be the father. Larry Birkhead, a former boyfriend of Anna Nicole Smith, has claimed filed a claim in a California court asking for a DNA test to prove the baby's paternity. Birkhead has filed a similar claim in the Bahamas, but is currently asking a Florida court to order DNA tests. While the jurisdiction over the tests is worked out, another man, Prince Frederic von Anhalt, has requested a DNA test to see if he is the father of Dannielynn. A former bodyguard of Anna Nicole's, Alexander Denk, has also admitted to an affair and claimed he could be the father.




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