1/3/05 4:30pm EST

Sometimes the press makes serious mistakes. If you read the press reports covering the Anna Nicole Smith case over the last five days, you would think the former Playboy Playmate's case is over and she has lost everything. From interviewing parts of Ms. Smith's legal team, it is clear that nothing could be further from the truth and the case has a long way to go.

'[The most recent decision was] disappointing, but we're proceeding', said Smith's appellate attorney, Kent Richland, of Greines, Martin, Stein & Richland LLP. Richland went on to explain that the decision by the three member Appellate Panel of the 9th Circuit court was whether or not a lower federal court had jurisdiction of the case. The appellate court found that the courts of the state of Texas, more specifically, the Texas court which had been hearing the probate case has jurisdiction. This invalidated SOME of the $88 million dollar award, but not all of it.

Richland explained, 'One of the lower federal courts found that Pierce Marshall's (the son of Ms. Smith's late husband) conduct during the trial was so outrageous, they awarded Ms. Smith 25 Million Dollars in punitive damages. In the Appellate court's ruling, this was not overturned.' If the Appellate court's decision stands, the case will return to the state courts in Texas where additional matters will be heard. But Anna Nicole's legal team has the option of having the entire 9th Circuit Appellate court (not just the three judges that rendered this decision) hear the case, and also has the option of a long shot appeal to the US Supreme Court. Regarding the Texas state probate court, they have not yet ruled on the same issue that caused the Federal Courts to impose the $25 million punitive award, the alleged destruction by Pierce Marshall of documents key to the case among other alleged misconduct.

After getting the complete picture from Anna Nicole's legal team, it is this reporter's opinion that Mr. Marshall might have celebrated a little prematurely.