Anna Nicole Smith's first husband has waded into the debate about where his late ex-wife is buried after insisting her estranged mother appeals a ruling to lay her to rest in The Bahamas. Attorney RICHARD MILLSTEIN, who was awarded the remains in a Florida court yesterday (22FEB07) on behalf of Anna Nicole's baby daughter DANNIELYNN, plans to follow Judge LARRY SEIDLIN's recommendation that the body be laid to rest next to her son DANIEL in The Bahamas. The two parties contesting the burial site - Smith's mother VIRGIE ARTHUR, who wanted to take the remains back to Texas, and the late model's companion HOWARD K. STERN - appeared to be united after the court ruling, but Arthur has since appealed the order. She now states that her appeal came after she spoke to her former son-in-law BILLY SMITH, who insisted he wanted his ex-wife buried on a family plot in her native Texas. Arthur explains, "The Judge talked to Billy Smith... and he said he wanted them (Anna Nicole and his son, Daniel) buried together... but what he meant was he wanted Anna to be buried with Danny (and) he didn't mean in The Bahamas, he meant in Texas, where the family was." And Arthur's lawyer JOHN O'QUINN insists Judge Seidlin's misunderstanding presented grounds for an appeal, and he plans to fight on. He adds, "Under Florida law... the mother of Anna Nicole Smith is the only person to handle this burial... It ain't over 'til it's over. Maybe the first inning's over but we got some more innings to play and, at the end, we will get victory."