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The BUSINESS BANK OF SAINT LOUIS, Plaintiff/Appellant, v. BROWN & JAMES, P.C., Defendant/Respondent.

Missouri Court of Appeals, Eastern District, DIVISION ONE2018-02-13No. ED 105566
546 S.W.3d 605

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Opinion

majority opinion

PER CURIAM.

The Business Bank of Saint Louis (Appellant) appeals from the March 27, 2017 Final Judgment of the trial court entering summary judgment in favor of Brown & James, P.C. (Respondent) on Counts I and II of Appellants Second Amended Petition and dismissing Count III for failure to state a claim. We have reviewed the briefs of the parties and the record on appeal and conclude Respondent was entitled to judgment as a matter of law on Counts I and II, ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993) ; and Count III failed to state a claim. Philips v. CitiMortgage, Inc., 430 S.W.3d 324, 329 (Mo. App. E.D. 2014). An extended opinion would have no precedential value. We have, however, provided a memorandum setting forth the reasons for our decision to the parties for their use only. We affirm the decision pursuant to Missouri Rule of Civil Procedure 84.16(b).