Anna Nicole Smith found in hotel room unresponsive

[gldstwmn]

http://www.cnn.com/2007/LAW/02/28/smith.case/index.html

WEST PALM BEACH, Florida (CNN) -- A Florida appeals court cleared the way Wednesday for Anna Nicole Smith to be buried next to her son, Daniel, in the Bahamas.

After the panel ruled Wednesday, one of the attorneys for Virgie Arthur, Smith's mother, told CNN there were no plans to appeal to the Florida Supreme Court, clearing the way for Smith's burial to take place.

The decision by a panel of three judges with the 4th District Court of Appeal upheld a lower court ruling that gave custody of Anna Nicole Smith's remains to the court-appointed guardian for her daughter, Dannielynn.

Last week, Broward Circuit Judge Larry Seidlin awarded custody of Smith's body to Richard Milstein, whom Seidlin had appointed as guardian ad litem for the nearly 6-month-old girl.

Arthur appealed that ruling, because Milstein wants the former Playboy playmate buried in the Bahamas and Arthur wants her daughter buried in Texas with other family members.

Milstein intends to have Smith buried next to her son, Daniel. The late model purchased the adjacent Bahamas burial plot after Daniel, 20, died in September, three days after Dannielynn's birth.

Howard K. Stern, Smith's partner and attorney who claims to be the biological father of Dannielynn, also wishes to have Smith buried in the Bahamas.

Any appeal of the decision by the panel of Florida's 4th District Court of Appeal would go to the Florida Supreme Court.

Christopher Carver, an attorney for Milstein, told the judges during Wednesday's hearing that a Bahamas funeral for Smith is scheduled for 10:30 a.m. Friday.

Joshua Perper, Broward County medical examiner, told reporters Smith's body probably will not be removed Wednesday from his office, where it has been stored during the legal battles, because he has not received a phone call to that effect. He expects embalmers from a funeral home to come to view the body and prepare it for shipping.

Perper said he is prepared to accompany Smith's body to the Bahamas, as Seidlin has asked.

Although he previously had warned that the body was decomposing and burial should be expedited, Perper said Wednesday, "I really hope that the body is in such condition that a second viewing will be possible."

At the center of the appellate court debate Wednesday was which case under Florida law should set the legal precedent to determine who gets custody of the body.

Representatives for Stern and Milstein argued that it is indisputable that Smith's wishes were to be buried with her son because she purchased a burial plot next to him.

But Arthur's attorneys argue that a strict reading of Florida law gives her custody of her daughter's remains. They said there is no written record of Smith's intentions, and when there is no spouse and no child at least 18 years old, custody of the body goes to the next of kin, which in this case is the mother.

Seidlin ruled last week that Dannielynn was to be considered next of kin.

Arthur's attorneys asked Seidlin to stay his original order, but he denied the request Monday. The judge said he is concerned about the deterioration of Smith's body.

Smith, 39, died February 8 at a Florida hotel and casino of undetermined causes. Her daughter was born in the Bahamas, and is living there with Stern.

Also in Broward County, a judge announced Wednesday that doctors hired by Larry Birkhead, one of several men claiming to be Dannielynn's father, can have access to DNA samples from Smith -- which are necessary for paternity tests.

Those samples are in the custody of the Broward County medical examiner.

But Judge Lawrence Korda rejected a request from Birkhead's attorneys asking him to order DNA samples from Dannielynn. Korda said he did not have jurisdiction and that order would have to come from authorities in the Bahamas.

Birkhead filed his paternity suit in California, and Korda consulted with the judge dealing with the case before rendering his decision Wednesday.

The legal battles in the Smith case reach beyond Florida.


In Nassau, Bahamas, Birkhead is seeking legal paternity and custody of the child. His attorney, Debra Opri, alleged outside a courthouse Monday that there is "fraud" in the birth certificate, but she didn't elaborate. Arthur also seeks custody. The next hearing is scheduled for March 16.


A South Carolina developer says he still owns the home where Stern and Dannielynn are living in the Bahamas. He says Smith never paid him for the house, although she claimed it was a gift. The judge hearing the case allowed Stern and Dannielynn to stay in the house pending a March 14 hearing.

[Kelly]

Originally Posted by gldstwmn

http://www.cnn.com/2007/LAW/02/28/smith.case/index.html

WEST PALM BEACH, Florida (CNN) -- A Florida appeals court cleared the way Wednesday for Anna Nicole Smith to be buried next to her son, Daniel, in the Bahamas.

After the panel ruled Wednesday, one of the attorneys for Virgie Arthur, Smith's mother, told CNN there were no plans to appeal to the Florida Supreme Court, clearing the way for Smith's burial to take place.

The decision by a panel of three judges with the 4th District Court of Appeal upheld a lower court ruling that gave custody of Anna Nicole Smith's remains to the court-appointed guardian for her daughter, Dannielynn.

Last week, Broward Circuit Judge Larry Seidlin awarded custody of Smith's body to Richard Milstein, whom Seidlin had appointed as guardian ad litem for the nearly 6-month-old girl.

Arthur appealed that ruling, because Milstein wants the former Playboy playmate buried in the Bahamas and Arthur wants her daughter buried in Texas with other family members.

Milstein intends to have Smith buried next to her son, Daniel. The late model purchased the adjacent Bahamas burial plot after Daniel, 20, died in September, three days after Dannielynn's birth.

Howard K. Stern, Smith's partner and attorney who claims to be the biological father of Dannielynn, also wishes to have Smith buried in the Bahamas.

Any appeal of the decision by the panel of Florida's 4th District Court of Appeal would go to the Florida Supreme Court.

Christopher Carver, an attorney for Milstein, told the judges during Wednesday's hearing that a Bahamas funeral for Smith is scheduled for 10:30 a.m. Friday.

Joshua Perper, Broward County medical examiner, told reporters Smith's body probably will not be removed Wednesday from his office, where it has been stored during the legal battles, because he has not received a phone call to that effect. He expects embalmers from a funeral home to come to view the body and prepare it for shipping.

Perper said he is prepared to accompany Smith's body to the Bahamas, as Seidlin has asked.

Although he previously had warned that the body was decomposing and burial should be expedited, Perper said Wednesday, "I really hope that the body is in such condition that a second viewing will be possible."

At the center of the appellate court debate Wednesday was which case under Florida law should set the legal precedent to determine who gets custody of the body.

Representatives for Stern and Milstein argued that it is indisputable that Smith's wishes were to be buried with her son because she purchased a burial plot next to him.

But Arthur's attorneys argue that a strict reading of Florida law gives her custody of her daughter's remains. They said there is no written record of Smith's intentions, and when there is no spouse and no child at least 18 years old, custody of the body goes to the next of kin, which in this case is the mother.

Seidlin ruled last week that Dannielynn was to be considered next of kin.

Arthur's attorneys asked Seidlin to stay his original order, but he denied the request Monday. The judge said he is concerned about the deterioration of Smith's body.

Smith, 39, died February 8 at a Florida hotel and casino of undetermined causes. Her daughter was born in the Bahamas, and is living there with Stern.

Also in Broward County, a judge announced Wednesday that doctors hired by Larry Birkhead, one of several men claiming to be Dannielynn's father, can have access to DNA samples from Smith -- which are necessary for paternity tests.

Those samples are in the custody of the Broward County medical examiner.

But Judge Lawrence Korda rejected a request from Birkhead's attorneys asking him to order DNA samples from Dannielynn. Korda said he did not have jurisdiction and that order would have to come from authorities in the Bahamas.

Birkhead filed his paternity suit in California, and Korda consulted with the judge dealing with the case before rendering his decision Wednesday.

The legal battles in the Smith case reach beyond Florida.


In Nassau, Bahamas, Birkhead is seeking legal paternity and custody of the child. His attorney, Debra Opri, alleged outside a courthouse Monday that there is "fraud" in the birth certificate, but she didn't elaborate. Arthur also seeks custody. The next hearing is scheduled for March 16.


A South Carolina developer says he still owns the home where Stern and Dannielynn are living in the Bahamas. He says Smith never paid him for the house, although she claimed it was a gift. The judge hearing the case allowed Stern and Dannielynn to stay in the house pending a March 14 hearing.

I am so glad that "Mother" let it go. Who would let their daughter rot in a morgue? Vergie had no relationship with Anna and Anna was very clear about her intentions. Buying a plot, etc. The Daddy drama should be interesting though. I was wondering if Larry was going to have the baby spit up tested.....supposedly when Howard let Larry visit with Dannielynn last weekend the baby spit up on his shirt. I know it would not be worth anything in court but maybe for his own piece of mind.

[Beachwood Mac]

MSNBC just reported that Entertainment Tonight paid to be allowed to have cameras in the funeral services for ANS. They were the only news organization allowed to film the funeral. They also hinted that the payment went to HKS.

[Kelly]

Originally Posted by Beachwood Mac

MSNBC just reported that Entertainment Tonight paid to be allowed to have cameras in the funeral services for ANS. They were the only news organization allowed to film the funeral. They also hinted that the payment went to HKS.

I just heard on Fox that HKS set up the deal but the money goes to Dannielynn. Supposedly Anna did have money issues. (she couldn't even afford to buy a 900,000 home in the Bahamas) The yacht Anna was buying in Florida at the time of her death, also came from money from an ET interview. (or so Fox reported)

[Sarah]

Originally Posted by Kelly

I just heard on Fox that HKS set up the deal but the money goes to Dannielynn. Supposedly Anna did have money issues. (she couldn't even afford to buy a 900,000 home in the Bahamas) The yacht Anna was buying in Florida at the time of her death, also came from money from an ET interview. (or so Fox reported)

Yeah, seems like ET was more involved in Anna stories while she was living than any other group.

Anyway. All of it still disgusts me.

[gldstwmn]

Originally Posted by Kelly

I am so glad that "Mother" let it go. Who would let their daughter rot in a morgue? Vergie had no relationship with Anna and Anna was very clear about her intentions. Buying a plot, etc. The Daddy drama should be interesting though. I was wondering if Larry was going to have the baby spit up tested.....supposedly when Howard let Larry visit with Dannielynn last weekend the baby spit up on his shirt. I know it would not be worth anything in court but maybe for his own piece of mind.

I think Howard and Larry are coming to some kind of agreement now. Under Bahamian law, Howard's the dad but Larry (I bet) is the bio.
On another note, I was reading comments from various people on the CNN website. One woman was mad because such a big deal was made of Anna's funeral. She said something to the effecto of "She's not a head of state or the president...SHE WAS NOTHING." I thought what a hateful, horrible, hurtful thing to say. I almost started to cry when I read that. No human being, famous or not is "nothing." Anna probably had to deal with this kind of attitude her whole life.

[DrummerDeanna]

^^

Indeed. And someone who has touched lives and inspired the way Anna has is absolutely not nothing. She may have had her problems, but there were people out there who admired and found inspriation in her, and people who just liked her and were entertained by her, which is also something.

This whole thing was very sad and I was so happy that her "mother" dropped it and allowed the burial to take place. That woman made me so incredibly mad through this whole thing.

[BTFLCHLD]

just reported that the mom will be attempting to have anna's body exumed.

[DrummerDeanna]

Originally Posted by BTFLCHLD

just reported that the mom will be attempting to have anna's body exumed.

SONOFA!!!!

That woman PISSES me off. she's banking on the "mom sympathy" thing -and is GETTING the sympathy which is bull****.

ANS hadn't talked to her for years, or was estranged or whatever for a reason. This lady needs to crawl back under her rock and stay there. I have NO sympathy for her at all.

[Gypsy-Rhiannon]

Originally Posted by BTFLCHLD

just reported that the mom will be attempting to have anna's body exumed.

Oh for gods sake. Enough is enough! Let this poor woman rest in peace! It's not like Anna had any relationship with her!

Originally Posted by Gypsy-Rhiannon

Oh for gods sake. Enough is enough! Let this poor woman rest in peace! It's not like Anna had any relationship with her!

It just seems to get more bizarre...Now its been reported that Vergie attempted to have funeral stopped this am..but thankfully it did not happen...but now Billy(Danny's) father has filed something ..saying he wants his "son" to be buried in Texas..... Sure is a change of tune from when the judge asked him on the phone....
Let the poor woman rest in peace....

[Kelly]

Originally Posted by gldstwmn

I think Howard and Larry are coming to some kind of agreement now. Under Bahamian law, Howard's the dad but Larry (I bet) is the bio.
On another note, I was reading comments from various people on the CNN website. One woman was mad because such a big deal was made of Anna's funeral. She said something to the effecto of "She's not a head of state or the president...SHE WAS NOTHING." I thought what a hateful, horrible, hurtful thing to say. I almost started to cry when I read that. No human being, famous or not is "nothing." Anna probably had to deal with this kind of attitude her whole life.

Oh that is awful. Some people are so heartless. I damn near cried watching the funeral footage on ET. Howard's speech choked me up. Vergie pissed me off royally though. I laughed when she got boo'd on her way in. I guess that is mean but she is a beyotch.

[DrummerDeanna]

Originally Posted by Kelly

Oh that is awful. Some people are so heartless. I damn near cried watching the funeral footage on ET. Howard's speech choked me up. Vergie pissed me off royally though. I laughed when she got boo'd on her way in. I guess that is mean but she is a beyotch.

I don't think it's mean. She is a selfish selfish woman who is totally cashing in on her own daughter's death. It's disgusting. Of course getting boo'd only allows her to further play the martyr...to that I say, "get of the cross, honey, someone else needs the wood.."

[gldstwmn]

Originally Posted by Kelly

Oh that is awful. Some people are so heartless. I damn near cried watching the funeral footage on ET. Howard's speech choked me up. Vergie pissed me off royally though. I laughed when she got boo'd on her way in. I guess that is mean but she is a beyotch.

I Tivo'd ET so I could see it. I'm going to watch it in a little bit. I think it's important that people that were fan's of Anna get some kind of closure too. So I'm not pissed that they allowed ET at the funeral. Hell, look at the coverage of James Brown's funeral.

[gldstwmn]

Originally Posted by DrummerDeanna

I don't think it's mean. She is a selfish selfish woman who is totally cashing in on her own daughter's death. It's disgusting. Of course getting boo'd only allows her to further play the martyr...to that I say, "get of the cross, honey, someone else needs the wood.."

Virgie is a real piece of work. I think what it ultimately comes down to is that she wants to get her hands on some of J. Howard Marshall's money.