BEIJING,
Feb. 27 (Xinhuanet) -- A challenge by Anna Nicole Smith's estranged mother that
her remains not be moved to the Bahamas has been upheld by a Florida appeals
court, which issued a stay Monday in Fort Lauderdale.
The Florida 4th District Court of Appeal is
considering a request by Virgie Arthur to overturn a trial judge's decision
handing control of Smith's body to the attorney for her infant daughter. That
attorney decided Smith should be buried in the Bahamas beside her 20-year-old
son, who died last year of apparent drug-related causes.
The court gave other attorneys in the case until 2
p.m. Tuesday to respond to the challenge.
Earlier Monday, Judge Larry Seidlin denied Arthur's
request to reconsider last week's ruling, saying he wanted to preserve Smith's
dignity by having the funeral as soon as possible. Seidlin declined to speak to
reporters.
"This mother is a mother who deserves the right to
bury her child," said Roberta G. Mandel, Arthur's attorney. "The trial court
treated her as though she was nothing."
Arthur has been seeking to bury her daughter in her
native Texas.
Arthur's attorneys claim the judge does not have
the authority to grant custody of Smith's body to the
daughter's court-appointed attorney, and that Arthur is Smith's only legal
next of kin.
Arthur "was the proper and the legally recognized
person authorized to make the ultimate decision" about her daughter's remains,
the appeal said.
Mandel, also complained Seidlin's ruling would
require Smith's mother to obtain a passport and airline tickets to visit her
daughter's grave.
Ron Rale, an attorney for Smith's boyfriend, Howard
K. Stern, said Arthur should honor her daughter's wishes to be laid to rest in
the Bahamas.
"I believe the testimony was clear where Anna Nicole
wanted to be buried, and anything that obstructs that, to complete her wishes as
soon as possible, is sad," Rale said.
Smith died in a Florida hotel Feb. 8 at age 39. A
medical examiner has yet to determine her cause of death. Her body remains at
the examiner's office.
Outside court, Mandel said Arthur was willing to take
the dispute to the state Supreme Court, if necessary.
Milstein, the court-appointed attorney for Smith's
5-month-old daughter, Dannielynn, did not immediately return a phone message,
and neither did the public relations firm representing him. He said
Saturday the funeral would not take place before Tuesday.
In the Bahamas, Supreme Court Justice Stephen Isaacs
dealt only with procedural matters at a private hearing Monday to determine
Dannielynn's guardianship, said Wayne Munroe, an attorney for Smith's estate
there.
(Agencies)
