PRACTICE AREAS

Wills, Trust and Estate Litigation; Probate Litigation; Wills, Trusts & Estates; Estate Planning; Real Estate; Corporate Law; Commercial and Business Litigation and Estate and Gift Taxation.

EDUCATION

Stetson University College of Law, J.D.; Lee University, B.A., Political Science.

ADMITTED

Supreme Court of Georgia, Georgia Court of Appeals, United States District Court for the Northern District of Georgia, and the United States Tax Court.

MEMBERSHIPS

Cartersville-Bartow County Bar Association ; American Bar Association; State Bar of Georgia; Fiduciary Section of the State Bar of Georgia; Georgia Trial Lawyers Association; Etowah Scholarship Foundation Board of Directors

EXPERIENCE

During law school, John interned for the United States District Court for the Middle District of Florida, Tampa Division. The time John spent assisting the judges with their legal research, case management and drafting of judicial decisions for the federal judiciary was invaluable to his development as an attorney.

John is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell, which is the highest rating available for legal ability and general ethics. The AV® Preeminent™ rating is an acknowledgment of John’s accomplishments and skills as an attorney, and places him among the elite practitioners in the country. The AV® Preeminent™ designation means that John has been rated by Judges and fellow attorneys with the highest possible rating for legal ability and ethical standards. The AV® Preeminent™ rating is awarded to less than 5% of all Georgia attorneys and is the highest rating offered by the Martindale-Hubbell Law Directory.

John is admitted to and has practiced before the Supreme Court of Georgia, Georgia Court of Appeals, United States District Court for the Northern District of Georgia, and the United StatesTax Court. He also serves as the County Administrator of Gordon County, Georgia, and the alternate County Administrator of Bartow County, Georgia. In addition, John serves from time to time as Judge Pro Tempore and Guardian ad Litem for various probate courts throughout North Georgia.

John leads the Trust and Estate Litigation, Estate Planning, and Estate Administration practice areas of the firm. John has litigated numerous estate cases throughout Georgia and has developed a strong reputation of excellence in prosecuting and defending cases involving breach of fiduciary duty, including claims against personal representatives and trustees, intentional interference with expected inheritances, and disputes between partners and shareholders of closely-held corporations. He also represents parties in complex business lawsuits by bringing creative and imaginative strategies to the cases he handles.

John has appeared on the Today Show on NBC, Good Morning America, CBS National News, NBC Nightly News, CNN, FOX NEWS and on numerous other major networks.  In addition, John has been quoted by numerous other major networks and newspapers.

John was selected by Georgia Super Lawyers as a 2012 Rising Star and as a 2013 Rising Star.  Rising Stars are 40 years of age or younger or have been in practice for 10 years or less. John is one of only two attorneys in the entire State of Georgia to be named as a 2012 Rising Star for Estate and Trust Litigation.

John serves on the Advisory Council of Stetson University College of Law in St. Petersburg,Florida. John serves on the Board of Directors of the Civil Justice PAC, Inc. of the Georgia Trial Lawyers Association, The Church at Liberty Square, Excel Christian Academy and Cartersville Child Care, Inc.  In addition, he serves as Chairman of the Board of Directors of the Etowah Scholarship Foundation, Inc. John is actively involved in several community organizations:  the Rotary Club of Etowah; the Cartersville-Bartow County Bar Association; the State Bar of Georgia; the Fiduciary Section of the State Bar of Georgia; the Real Property and Probate Section of the American Bar Association; the Taxation Section of the American Bar Association; and a number of other local organizations. John is married to Jillian Jones Mroczko and is the proud father of John T. ("Jack") Mroczko, Jr.

NOTABLE CASES

Elrod v. Cowart, et al., 284 Ga. 869 (2009), where John successfully represented an adopted beneficiary before the Supreme Court in a will construction suit where John was able to recover for his client an undivided interest in a 320+ acre farm in North Georgia.

Friedman v. Regions Bank, 288 Ga.App. 57 (2007), where John successfully represented Regions Bank and obtained a confirmation of a non-judicial foreclosure, in which the Court of Appeals held that the only issues for the trial court on an application for confirmation of a non-judicial foreclosure is to pass upon the notice, advertisement and regularity of the sale and to re-insure that the property was sold for a fair value.

Bradley and Bandy Neighborhood Pharmacy, LLC v. Ford, et al., Superior Court of Bartow County, Civil Action Number 10-CV-3328 (2010), where John successfully defended a pharmacist in a non-compete contract suit where a successful settlement was reached, allowing the pharmacist to compete with her former pharmacy.

In re Estate of David Bocker, Superior Court of Bartow County, Civil Action File No. 10-CV-3661 (2010), where John successfully represented a beneficiary who brought suit against the personal representative of the estate for breach of fiduciary duty where the Court awarded damages, both compensatory and punitive, and attorney fees to John’s client.

Patsy Sue Allen v. Donald Daniel, et al., Superior Court of Gordon County, Civil Action Number10-CV-57553 (2010), where John successfully represented a disabled person to recover a 50 acre farm and money damages arising out of fraud, undue influence, intentional interference with inheritance and breach of fiduciary duty.

Enoch Overby, as Administrator with will annexed of Everette L. DeFoor v. Joel DuPree, Superior Court of Gordon County, Civil Action Number 09-CV-53610 (2010), where John successfully represented a debtor to set aside a deficiency judgment arising out of a non-judicial foreclosure.

In re Estate of Ervin Lamar Mercer, Superior Court of Gordon County (2011), where John successfully negotiated a favorable settlement for a daughter who had been disinherited from her father.

In re Estate of Jeannette Stephens, Superior Court of Bartow County (2011), where John successfully represented and negotiated a favorable settlement for the Shriners Hospital for Children and a large local church.

Bocker v. Crisp, et al., ---S.E.2d---, 2012 WL 130559, Ga.App. (2012), where John sucessfully represented a beneficiciary of an estate before the Georgia Court of Appeals affirming the trial court's order awarding compensatory damages, punitive damages and attorney fees for the personal representatives breach of fiduciary duties. 

In re Estate of Elmer Howard, Probate Court of Gordon County (2011), where John successfully represented the heirs at law of the decedent against a care-taker who propounded a will to the probate court leaving the entire estate to the care-taker with the Court setting aside the will finding the will was not the true last will and testament of the decedent.

PUBLICATIONS

John T. Mroczko, “Resolving Estate, Will and Trust Contests”, National Business Institute, Inc. (2010).

John T. Mroczko, et al., “Oddities and Challenges In Probate Law”, National Business Institute, Inc. (2011).

John T. Mroczko, et al., "Fundamentals of Trust Administration", National Business Institute, Inc. (2011).

John T. Mroczko, “Resolving Estate, Will and Trust Contests”, National Business Institute, Inc. (2012).  Update.

John T. Mroczko "Probate Process From A to Z", National Business Institute, Inc. (2012).

John T. Mroczko, "Estate Administration Procedures: Why Each Step Is Important", National Business Institute, Inc. (2013). 

PRESENTATIONS

“Gathering the Evidence”, Resolving Estate, Will and Trust Contests, National Business Institute (2010).

“Litigation Forms”, Resolving Estate, Will and Trust Contests, National Business Institute (2010).

“Alternative Dispute Resolution (ADR)”, Resolving Estate, Will and Trust Contests, National Business Institute (2010).

“Determine Rightful Heirs and Beneficiaries”, Oddities and Challenges In Probate Law, National Business Institute (2011).

“Probate Litigation”, Oddities and Challenges In Probate Law, National Business Institute (2011).

“The Laws and Rules Governing Trustees”, Fundamentals of Trust Administration, National Business Institute (2012). 

“Non-Monetary Aspects of Trust Administration”, Fundamentals of Trust Administration, National Business Institute (2012). 

“Gathering the Evidence”, Resolving Estate, Will and Trust Contests, National Business Institute (2012).   Update.

“Alternative Dispute Resolution”, Resolving Estate, Will and Trust Contests, National Business Institute (2012).  Update.

“Litigation Forms”, Resolving Estate, Will and Trust Contests, National Business Institute (2012).  Update.

"Local Probate Court Rules and Procedure", Probate Process from A to Z, National Business Institute (2012).

"The Initial Filing", Probate Process from A to Z, National Business Institute (2012).

 "Who is the Personal Representative", Probate Process from A to Z, National Business Institute (2012).

"Foundations of Estate Administration Defined", Estate Administration Procedures: Why Each Step Is Important, National Business Institute (2013).

"Preparing to Begin the Administration Process", Estate Administration Procedures: Why Each Step Is Important, National Business Institute (2013).