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WATER VIEW DEVELOPMENTS v. EUREKA, INC.

86-630.

512 So.2d 916 (1987)

WATER VIEW DEVELOPMENTS, INC. v. EUREKA, INC.

Supreme Court of Alabama.

July 31, 1987.

Attorney(s) appearing for the Case

Byron A. Lassiter of Shores & Booker, Fairhope, for appellant.

Robert A. Wills, Bay Minette, for appellee.

JONES, Justice.

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 day before Water View was served), Eureka filed its "motion for summary judgment based upon the pleadings and...

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