ORDER

American Commercial Terminals, LLC (ACT) appeals from the trial court’s grant of Lewis & Clark Marine, Ine.’s (Lewis & Clark) motion for summary judgment and denial of ACT’s motion for partial summary judgment. Lewis & Clark cross-appeals from the trial court’s denial of its second motion for summary judgment. We have reviewed the briefs of the parties and the record on appeal and conclude that Lewis & Clark was entitled to judgment as a matter of law, and its cross-appeal is moot. ACT’s appeal of the trial court’s denial of its motion for partial summary judgment is also dismissed as moot. An extended opinion would have no prece-dential value. We have, however, provided a memorandum setting forth the reasons for our decision to the parties for their use only. We affirm the judgment pursuant to Missouri Rule of Civil Procedure 84.16(b).