West Palm Beach (Florida): The fate of Anna Nicole Smith's body is now in the hands of three appeals court judges who will decide whether to overturn a trial court ruling that meant the model would be buried in the Bahamas.
The Florida 4th District Court of Appeal is considering a petition filed yesterday by the centerfold's estranged mother, Virgie Arthur, who challenged the trial court's decision last week that gave control of Smith's body to an attorney for Smith's infant daughter.
The advocate for the child, Richard Milstein, and the attorney for Smith's boyfriend, Howard K Stern, would respond to the challenge on Tuesday.
The appeals court will then review all the materials and may seek oral arguments or decide the case based on briefs.
Milstein had said he would bury Smith in the Bahamas beside her 20-year-old son, who died last year.
Circuit Judge Larry Seidlin ruled last week that Milstein should get custody of the body after hearing testimony that Smith wanted to be buried in the Bahamas.
Arthur wants Smith buried in her native Texas and claims Seidlin had no authority under Florida law to grant custody of Smith's body to the little girl's guardian.
Arthur is the only "legally recognized person authorized to make the ultimate decsion" about her daughter's remains, the petition filed on Monday said.
Arthur filed an emergency motion Friday asking Seidlin to reconsider his ruling, but he declined on Monday.
The judge said he wanted to preserve Smith's dignity by having the funeral occur quickly.
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