The photojournalist who has been fighting ANNA NICOLE SMITH for paternity of her baby daughter DANNIELYNN has been left devastated by the news his ex has died in Florida.

LARRY BIRKHEAD won the latest round in the battle to prove he’s the baby’s biological father on Wednesday, when a California judge demanded the model/actress submit her child for a DNA test by February 21.

But Birkhead had no idea his ex would be dead just 24 hours later.

Reached by WENN hours after his former lover had passed away in a Hollywood, Florida hospital, Birkhead says, “I just can’t speak.”

His attorney, DEBRA OPRI, who filed an emergency order for custody of Dannielynn after hearing about Smith’s death, adds, “Larry is not OK.”

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