Redding v. Walker

I concur in the judgment only as reached by the majority in Division 1; however, I must respectfully dissent to the majority’s holding in Division 2 and to its judgment affirming the trial court.

*657With respect to Division 1 of the majority, I agree that this case was properly brought as a direct appeal. A discharge in bankruptcy is an affirmative defense and proof of such defense constitutes “a bar to recovery and not merely the abatement of an action.” City of Atlanta v. Chambers, 205 Ga. App. 834, 835 (1) (424 SE2d 19) (1992).

The trial court and the parties dealt with the subject motion as a…