The lawyer-turned-partner of Anna Nicole Smith dropped his bid Monday to halt the use of DNA to prove the paternity of the former Playboy playmate's infant daughter when it appeared a Bahamas court was going to reject his appeal.
An attorney for Howard K. Stern withdrew the challenge in the face of skeptical questioning by a three-judge panel of the Court of Appeal.
All three judges said Stern filed his challenge too late and should have raised his objections before the Supreme Court ordered DNA testing in the paternity challenge filed by Larry Birkhead, a former boyfriend of Smith's who claims to be the father of the infant, Dannielynn.
Justice Emmanuel E. Osadebay noted that Stern himself had agreed to DNA testing — and even suggested an expert to do the analysis — but waited until a week after the sample was taken to file the a challenge to the court's decision.
"His problem is that the person he wanted to do the testing was not the one selected by the court," Osadebay said.
Source: AP
-LB
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