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Notice: This opinion is subject to formal revision before publication in the advance
sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,
Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334)
229-0649), of any typographical or other errors, in order that corrections may be made
before the opinion is printed in Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS

OCTOBER TERM, 2007-2008

2061191


Connie Sue Long Amberson

v.

Michael W. Long


Appeal from Chilton Circuit Court
(DR-99-229.02)

THOMAS, Judge.

Connie Sue Long Amberson ("the mother") and Michael W.

Long ("the father") were divorced in 1996.  The mother was

awarded custody of the parties' child.  The father petitioned

for a modification of custody in April 2007.  The trial court

set the case for a pendente lite hearing on May 11, 2007;
after numerous continuances, the hearing was held, without the
parties, on July 3, 2007.  The case-action-summary sheet
reflects that "PDL set w/clients to be present 8-3-07 @ 9:00."
The entry on the case-action-summary sheet on August 3, 2007,
reads as follows:

"Case called on Petition to Modify - PDL, as to
child going to live w/ dad to attend school with
special program.  Also on Show Cause.  Petition for
Show Cause by mother - denied.  Petition for Show
Cause by dad, denied. Temporary Order of primary
residence to be w/ dad, for dad to place child in
special program in Shelby Co. School."

The mother filed a notice of appeal from that order on
September 14, 2007.  

The father argues on appeal that the order from which the
mother appeals is a pendente lite custody order that will not
support an appeal.  He points out that the hearing was a
pendente lite hearing and that the order does not address
other issues raised in his modification petition, like child

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