90-year-old oil billionaire J. Howard Marshall met Smith at an exotic dance club, and quickly married her, just 14 months before his death in 1995. However, he made no provisions for Smith in his trust and will. On Thursday, the 9th circuit ruled that Smith was not entitled to the $88 million judgment, based on Marshall's will. 

"Although J. Howard Marshall II was married to Vickie Lynn Marshall, no provision for distributions of income or principal of the trust estate was made in favor of the settlor's spouse," Judge Robert Beezer wrote in the decision. 

Vickie Lynn is Smith's birth name. 

This is the latest in a long line of legal battles between Smith and Marshall's son. In 2000, Smith was awarded a $475 million judgment, but a U.S. district judge reversed that judgment in 2001.  In 2002, a federal judge found that Marshall had truly loved his 26-year-old bride and awarded her $88 million. That judgment was tossed out Thursday by the 9th circuit decision. 

Will the former Playboy Playmate of the Year/exotic dancer turned plus-size reality TV star take her case all the way to the Supreme Court?  We will have to wait and see.