Anna Nicole’s Mom’s Filing An Appeal : Birkhead Wants DNA as Arthur Appeals Burial
Category Magazine | Permalink | 24. February 2007
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So much for a united front.A day after Broward County Circuit Judge Larry…A day after Broward County Circuit Judge Larry Seidlin granted custody of Anna Nicole Smith’s body to daughter Dannielynn and her guardian, and a day after ex-lover Larry Birkhead, current companion Howard K. Stern and mother Virgie Arthur jointly proclaimed Smith would be buried in the Bahamas, the parties were all back in court Friday to resume their respective legal feuds.
Despite her apparent accord with Stern and Birkhead following Seidlin’s ruling, Arthur formally appealed the decision.
Calling herself Smith’s “natural mother and next of kin,” Arthur petitioned the court to issue an emergency order blocking the transfer of Smith’s remains to the Bahamas. Arthur’s motion says she is “entitled to make the decision regarding where her child is to be buried.”
Seidlin confirmed he received the motion but declined to say when he would issue a ruling.
Earlier in the day, Birkhead and his legal team and Stern’s legal crew (sans Stern) met back up in Broward’s family court Friday morning to continue their ongoing paternity battle.
The familiar faces were present for a refreshingly brief hearing in front of Judge Lawrence Korda, a hearing in which Birkhead attorney Debra Opri requested that Korda enforce the California order to obtain and test DNA samples from both Smith and Dannielynn.
Korda, who had a much lower tolerance for tangents than Seidlin before him, didn’t waste time hearing arguments from both sides, instead starting off the hearing by questioning his own jurisdiction in the case.
“Who am I to be doing this in the first place?” he asked. “The question is whether Florida has any jurisdiction at all. The Bahamas appears to have substantial jurisdiction.”
Korda added that as Dannielynn was “Bahamian-born, Bahamian-residing,” he even doubted the jurisdiction that Los Angeles Superior Court Judge Robert Schnider had in ordering the DNA tests’ enforcement in the first place. And as for the DNA samples removed from Smith’s body last week, Korda said there’s no immediate rush to test them.
“Those are preserved,” he said. “They aren’t going anywhere…You were under some time pressures in Judge Seidlin’s case due to the decomposition of the body. We’re not in any danger of losing these.”
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