Anna Nicole Appeal Nixed Fri Feb 18,10:35 AM ET Entertainment - E! Online Gossip/Celeb
By Charlie Amter
At the rate it's shrinking, Anna Nicole Smith (news - web sites)'s bank account might as well be on TrimSpa.
The San Francisco-based 9th Circuit Court of Appeals on Thursday rejected the model's latest bid for $88.5 million from her late husband's estate, upholding a three-judge panel's ruling in December that Smith was not entitled to the hefty sum.
Smith married Texas oil tycoon J. Howard Marshall II in 1994 after meeting him at a strip club--she was 26 and he was 89. He died 14 months later, and ever since the billionaire's assets have been the subject of a legal tug-of-war between Smith and one of Marshall's sons, E. Pierce Marshall, in courts from Texas to California.
While this is not the end to the reality-TV star's quest for the multimillion-dollar booty she claims is hers, she's running out of options.
Smith's attorney, Howard K. Stern, said he would make a last-ditch appeal to the Supreme Court--although it's unlikely the justices will hear the case.
"The 9th Circuit's ruling is not based on the merits of the case," said Stern.
Pierce Marshall's camp disagreed, saying the case should never have advanced beyond Texas probate court. "The basic principle we think is very sound is if you pursue a probate claim in a probate court, that's the only place you should pursue it," Marshall's attorney, Eric Brunstad, said Thursday.
In 2001, a probate court jury in Houston ruled that the younger Marshall was indeed the legitimate heir to the late oilman's estate, a decision that effectively shut out Smith.
But Smith's legal team was also pursuing the case in federal bankruptcy court in California, which initially awarded the former Playmate $450 million. That amount was lessened by U.S. District Court Judge David Carter, who, nevertheless, ruled in March 2002 that Smith was owed some cash since she was legally married to Marshall. In the judge's 80-page ruling, he said that although the relationship of Smith and Marshall was "driven by greed and lust" the judge was "convinced of [Marshall's] love for her." He said she was due the $88.5 million.
By making his decision, Carter overturned the Texas probate court ruling.
Thursday's ruling affirms a three-judge panel of the 9th U.S. Circuit Court of Appeals (news - web sites) December decision that Carter overstepped his judicial authority in even hearing the case in 2002. In the December decision, the appellate justices wrote, "It is undisputed that Texas law governs the 1982 trust and the last will and testament of J. Howard Marshall."
The technicality slowed Smith's chances of collecting the loot, and Thursday's validation of the earlier three-judge panel's ruling has all but killed Smith's big payday--save a Supreme Court miracle.
Smith, 36, whose legal name is Vickie Lynn Marshall, was not mentioned in any of J. Howard Marshall's six wills. She has yet to comment on the latest ruling.
Perhaps in tacit acknowledgment that she won't collect on Marshall's millions, Smith has lined up a new day job. The National Enquirer announced Thursday that she has signed on to write a new column for the tab.
_________________ "Though some may think there should be a separation between art/music and politics, it should be reinforced that art can be a form of nonviolent protest." - e.v.
Joined: Mon Oct 18, 2004 4:50 pm Posts: 3955 Location: Leaving Here
How many appeals is a person allowed anyway? I thought this was dead and over the last appeal rejection.
She really needs to move on - she is obviously marketable (trimspa etc), she just needs to work (keep her mouth shut and get photographed), they'll pay for her plenty.
Joined: Mon Oct 18, 2004 7:23 am Posts: 1041 Location: Anchorage, Alaska Gender: Male
just_b wrote:
Smith's attorney, Howard K. Stern, said he would make a last-ditch appeal to the Supreme Court--although it's unlikely the justices will hear the case.
"The 9th Circuit's ruling is not based on the merits of the case," said Stern.
Maybe I'm the only one who thinks that that is the best part of the news story.
Users browsing this forum: No registered users and 1 guest
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot post attachments in this forum
