An appeals court has upheld the decision that Judge made last week, allowing Anna Nicole Smith’s body to be released to be transported to the Bahamas for burial.
The famous model and television personality died suddenly on February 8, nearly 3 weeks ago, at the age of 39.
After listening to arguments from 18 lawyers, representing different parties, last week. Judge Seidlen awarded control of Anna Nicole’s body to the advocate for Smith’s 5 month old daughter, Dannielynn.
Anna Nicole’s mother appealed last week’s ruling. Virgie Arthur wanted to claim the body and take it for burial in a family plot in Texas.
The Fourth District Court of Appeal in West Palm Beach ruled against Virgie Arthur after hearing brief oral arguments from attorneys this morning.
The advocate for Dannielynn testified that they were prepared to proceed with a Friday morning funeral in the Bahamas, if the court released the body to them. Reportedly the funeral is planned for 10:30 am on Friday, March 2.
The cause of Anna Nicole Smith’s death,on February 8, 2007, is still unknown pending autopsy results. The body of Anna Nicole Smith has been kept in cold storage at the Broward Medical Examiner’s Office. .
One of the determinations of today’s hearing was that the intention of Anna Nicola Smith should prevail, in the disposition of her body. When he son, Daniel Smith, died unexpectedly in September, 2006, she purchased two burial plots.
Her long-time companion, Howard K. Stern, contended that Anna Nicole’s’ desire was to be buried next to her son, Daniel, who died suddenly in the Bahamas in September, 2006. Anna Nicole reportedly purchased two burial plots, one for her son and one for herself. The unmarked plots are in a small cemetery in the Bahamas. According to testimony that Howard K. Stern, he quoted Anna Nicole, “she said “if Daniel has to be buried, I want to be buried with him’ “.
Florida Circuit Judge Larry Seidlen, tearfully rendered a decision on Thursday, to release Anna Nicole’s body to her 5 month old daughter’s court appointed guardian. Judge Seidlen urged that the burial proceed and encouraged an expedient funeral in the Bahamas. The Judge did not render a ruling about the place of burial, but made a recommendation.
Last Wednesday, there was a private viewing of her body. The participants in the court action, including: Virgie Arthur, Larry Birkhead and Howard K. Stern. There were concerns that the legal wrangling was taking up valuable time, as the body of Anna Nicole decomposed in storage. The Judge has expressed concern that a person valued physical beauty in life should be able to be beautiful in death, for the viewing.
The current proceedings are in regard to the burial of the body, and not the upcoming paternity issues.
There were separate hearings today regarding paternity and collection of DNA samples. The courts of Florida and California have ruled that they do not have jurisdiction over the infant. The issue of collecting DNA evidence will next be taken to the Bahama’s court system.
Later this month, hearing wills start in regard to complicated paternity issues. Howard K. Stern’s name is on the birth certificate. Larry Birkhead is contesting the paternity on the birth certificate, stating that he is the father. A separate paternity suit has been filed by Frederic von Anholt, the husband of actress Zsa Zsa Gabor. Frederic von Anhalt has claimed that he has had a 10 year affair with Anna Nicole Smith and that he could be the baby’s father.
Anna Nicole’s 5 month old baby girl is reportedly in the Bahama’s. As Anna Nicole’s next of kin, the baby is in line to receive a fortune that is potentially nearly half a billion dollars. The fortune has been in dispute since the death of Anna Nicole’s Smith’s late husband, oil billionaire Howard Marshall.
As of this writing, the plans are to bury Anna Nicole Smith in the Bahama’s. The funeral is scheduled at 10:30 am.
Reference:
- Court TV
