That's two strikes for the Yankee.
A three-judge panel tossed out an appeal of Britney Spears' conservatorship filed March 11 by New York-based attorney Jon Eardley, who persists in fighting for the songstress despite having been told he has no authority to work on her behalf.
Supposedly in collaboration with Sam Lutfi, Eardley first tried to have the Spears family drama removed to federal court, alleging Britney's civil rights had been violated because she never received notice of her father's intent to petition for control of her estate, but a judge ruled Eardley was out of line.
"Mr. Eardley fails to explain why he can bring this claim for her in the first instance. He cannot," U.S. District Judge Philip Gutierrez wrote in his decision. "Mr. Eardley had no authority to remove the case from state court. He is neither a party nor a defendant. While he claims to be Ms. Spears's attorney, the probate court...found that she was incapable of retaining her own counsel."
And although Eardley bolstered his appeal with a declaration from a UCLA law professor who agreed Britney was not properly notified before Jamie Spears was temporarily handed the keys to his daughter's estimated $100 million fortune, the appellate court determined the arrangement laid out in probate court was perfectly kosher.
"An order granting letters of temporary conservatorship is specifically excluded from those orders made appealable by the Probate Code," read the 2nd District Court of Appeal's decision.
L.A. Superior Court Commissioner Reva Goetz named Jamie and attorney Andrew Wallet coconservators of Britney's estate on Feb. 1, the day after she was admitted to UCLA Medical Center's neuropsychiatric ward for evaluation. Earlier this month, she extended the order until at least July 31.