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Smith’s mom loses appeal blocking Birkhead

Virgie Arthur's appeal to block Larry Birkhead from leaving the Bahamas with Dannielynn has been turned down, "Access Hollywood's" Tony Potts reports.
/ Source: Access Hollywood

Virgie Arthur's appeal to block Larry Birkhead from leaving the Bahamas with Dannielynn has been turned down, "Access Hollywood's" Tony Potts reports from inside the courtroom.

The judge called Arthur's appeal "weak" and ordered her to pay $3,000 in attorney's fees for wasting the court's time.

At one point he said, "I am perplexed why this matter is before us."

The judge also said at another point to Arthur's attorney, Miss Rose, "You must descend from theory to reality Miss Rose ..."

When Virgie's lawyer tried to tell the judge that Larry wouldn't bring Dannielynn back for his June 8th custody hearing, the judge again dismissed her.

There are three judges, or “Lords in the Court of Appeals,” in the Bahamian court. According to Potts, the three, “grilled Miss Rose and repeatedly asked her to show the court any basis for appeal.”

Potts observed, "It's as if Virgie lost every round of a fight ... and the judges were so disgusted with what they called a ‘weak’ appeal ... and wasting their time ... they made her pay $3,000 for their 48 minutes of court time. So it cost Virgie $62.50 per MINUTE … or more than $3,600 an hour."

Potts furthers that the three Bahamian judges made clear that, “Any Bahamian ruling on custody on June 8 will not matter once whomever wins steps across the U.S. border with Dannielynn because the losing side will file for custody in the U.S. court where these Bahamian appeals court judges believe the final custody will be determined anyways.”

So, in other words, Potts summarizes, “This ain’t over in 2007, unless Virgie comes to her senses.”

Howard K. Stern, who was also present, said he would support Larry for however many years it takes. When asked if he would go to visit Dannielynn, Stern responded, "If Larry lets me."