ARGUMENT: CREMATION WOULD CAUSE “IRREPERABLE HARM” TO JEWISH MAN.
LAKE WORTH, FL (BocaNewsNow.com) (Copyright © 2026 MetroDesk Media, LLC) — A legal battle is underway in Palm Beach County Circuit Court as a local cemetery director fights to stop a scheduled cremation that he claims violates a dead man’s religious wishes. Jay Norman Lyons, the director of the South Florida Jewish Cemetery, filed an emergency petition on Tuesday to enjoin All County Funeral Home & Crematory from disposing of the remains of Kenneth Schaller. Schaller, a Palm Beach County resident who apparently died without living family, was scheduled to be cremated today.
The dispute centers on allegations that Schaller’s friend and heir, Joseph Battiato, is choosing cremation over burial to save money for the estate. According to the court filing, Battiato allegedly admitted that Schaller owned a burial plot in New York and wanted to be buried according to Jewish law, but claimed the logistics were too “impractical and costly.” Lyons alleges that even after he offered to perform the burial at no charge to ensure religious traditions were honored, Battiato refused to change the plans.
In the petition, Lyons argues that cremation would cause “irreparable harm” because the act is final and would permanently prevent a burial consistent with the decedent’s faith. The filing cites Florida law, which prioritizes the express intent of the deceased regarding their final remains. Lyons is asking a judge to maintain the status quo and halt all disposal actions until a full evidentiary hearing can determine Schaller’s true final wishes.
The legal team for Lyons, led by attorney Chezky Rodal, contends that an injunction serves the public interest by ensuring that a citizen’s post-mortem desires are not ignored by those in control of their estate. As of Tuesday afternoon, the court has been asked to intervene immediately to prevent the “complete decimation” of the body. All County Funeral Home & Crematory is currently named as the respondent in the case as the court weighs whether to grant the emergency stay.
