WATER VIEW DEVELOPMENTS v. Eureka, Inc.

This is an appeal from a summary judgment entered for the plaintiff, Eureka, Inc., in an action on a promissory note brought against Water View Developments, Inc.

Eureka filed its summons and complaint on August 5, 1986, and service was perfected on Water View Developments, Inc., on September 4, 1986. On September 3, 1986 (the daybefore Water View was served), Eureka filed its "motion for summary judgment based upon the pleadings and all affidavits on file in this cause."

Eureka's motion for summary judgment first came before the trial court on the regular motion docket on September 17, 1986…