Couch v. Sunstar Acceptance

*Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 01-60283
Summary Calendar
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BILLY WAYNE COUCH, SR.; ET AL.,
Plaintiffs,
BILLY WAYNE COUCH, SR.,
Plaintiff-Appellant,
versus
SUNSTAR ACCEPTANCE CORPORATION; ET AL.,
Defendants,
SUNSTAR ACCEPTANCE CORPORATION,
Defendant-Appellee.
____________________________________________________________
Appeal from the United States District Court
for the Southern District of Mississippi
(3:99-CV-788-LN)
____________________________________________________________
August 20, 2001
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Billy Wayne Couch appeals the partial summary judgment
dismissing his credit defamation claim against Sunstar Acceptance
Corporation, his remaining claims having been dismissed without

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prejudice pending the outcome of this appeal. Couch contends
summary judgment is inappropriate because he presented evidence
that Sunstar reported false information to credit reporting
agencies. The credit reports to which Couch refers, however, do
not support his contention. They reflect: as of May 1997, there
was a balance due on his “charged off account” with Sunstar; and,
as of that July, after he and Sunstar reached a settlement, the
balance due was zero, with the notation “paid charge off”.
Accordingly, we agree with the district court’s conclusion
that there is no evidence to support Couch’s contention that
Sunstar reported inaccurate information to credit agencies.
Therefore, essentially for the reasons stated by the district
court, Couch v. Sunstar Acceptance Corp., No. 3:99CV788LN (S.D.
Miss. 27 Nov. 2000) (unpublished), the partial summary judgment is
AFFIRMED.

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