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Wednesday, March 14, 2007

Anna Nicole to Rest in Peace...Eventually

Anna Nicole has to wait a little bit longer before she can rest in peace.
Richard Milstein, the court-appointed guardian of Smith's daughter, Dannielynn, and de facto custodian of Smith's remains, announced Saturday that, despite last week's announcement that the former Playmate's burial would happen as quickly as possible and the chief medical examiner's urge for her immediate interment, her funeral would not take place before Tuesday.
In a written statement, Milstein said he nevertheless was working hard on a timely burial and was already finalizing details of the memorial.
The reason for the delay is Smith's mother, Virgie Arthur.
On Thursday, Arthur seemed in harmony with Milstein, Howard K. Stern and Larry Birkhead during a joint appearance following a Florida judge's decision to have Milstein arrange the burial. The group announced they had agreed to bury Smith in the Bahamas next to her late son, Daniel. But Arthur reversed course soon after and filed a motion late Friday calling for an emergency order to stop the release of Smith's remains.
In her petition to block the body's transfer to the Bahamas, Arthur claimed that as the "natural mother and next of kin" to her late daughter, she, not Milstein, should have been "entitled to make the decision regarding where her child is buried."
She filed the papers in the Palm Beach County court of appeal, which will decide whether to uphold Broward County Judge Larry Seidlin's ruling to grant next of kin status to Milstein on behalf of Dannielynn.
She also filed an emergency motion with Seidlin, asking him to delay the release of Smith's remains pending a decision by the appellate court.
Seidlin has not yet addressed Arthur's request. Should he reject it, the Texas police officer's hopes lie with Florida's 4th District Court of Appeal. Should that body say nay, Arthur will be out of legal options and Smith's body will be flown to the Bahamas.
Arthur maintains that Smith should be buried in her home state of Texas, along with the rest of her family. She is also looking to exhume Daniel's body from a Nassau cemetery and have him interred in Texas with his mother.
Roberta Mandel, Arthur's appellate attorney, told the Miami Herald Arthur took issue with Seidlin's ruling because it relied mainly on laws that deal with unclaimed dead bodies, laws Mandel says do not apply in this case.
"If any body was ever claimed, it seems to be Anna Nicole's," she said.
Arthur, meanwhile, has already touched down in the Bahamas for yet another legal battle with Stern.
On Monday, both parties are due in court, as is disputed paternity candidate Birkhead, over custody of five-month-old Dannielynn. Arthur has argued that she can provide a more stable home for the girl than Stern, who is listed as the father on Dannielynn's Bahamian birth certificate and currently has custody of her. Gag orders prevent everyone from speaking publicly about the proceedings—not that they'd have much to say.
All parties missed the custody hearing's opening arguments Thursday, because they were preoccupied with the Florida circus.

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