Kurt Busch will not race Sunday in the Daytona 500 no matter the outcome of the suspended driver's appeal with NASCAR.

NASCAR suspended Busch on Friday after a Delaware judge said the former champion committed an act of domestic violence against a former girlfriend. Busch attorney Rusty Hardin said the driver will appeal, and NASCAR said it will be expedited.

Regan Smith will drive the No. 41 Chevrolet for Stewart-Haas Racing.

Smith drove Tony Stewart's No. 14 car last season at Watkins Glen after Stewart's short-track accident resulted in the death of fellow driver Kevin Ward Jr. Smith, who has one Cup victory, also filled in two races in 2012 while Dale Earnhardt Jr. recovered from a concussion.

SHR said it would make a decision on future races after Daytona.