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Reported Appellate Cases
(In which Johnson’s clients prevailed)
Mark Johnson has appealed numerous times from the trial level, and prevailed in the following cases:
Schoenbaum Ltd. Co., L.L.C. v. Lenox Pines, L.L.C., 262 Ga. App. 457, 585 S.E.2d 643 (2003). This case involved the fraudulent misappropriation of the rights to develop a 430 unit Atlanta apartment development by a business associate. The case was two weeks out on a trial calendar with essential parties not in the case, when Johnson’s firm was retained. Continuance was granted, pretrial order set aside, discovery reopened, 20 count amendment filed and essential parties added. The case was vigorously defended by 2 Atlanta law firms for 5 years, before settling for $5 million.
Scott v. Thompson, 415 S.E.2d 508, 202 Ga. App. 746 (Ct. App. 1992); Scott v. Thompson, 388 S.E.2d 371, 193 Ga. App. 487 (Ct. App. 1989). This case, appealed 4 times, involved fraud as a defense to the enforcement of promissory notes against 10 guarantors of the purchase of a mortgage brokerage company. The fraud claims encompassed fabricated “loans-in-process” assets in the purchased company, and legal issues addressed complete releases, releases pro tanto, compositions, suretyship, grants of new trial, evidentiary disputes, contempt, and supersedeas.
Whelchel v. Laing Properties, Inc., 378 S.E.2d 478, 190 Ga. App. 182 (Ct. App. 1989). Created, in the state of Georgia, host liability for the serving of alcohol to noticeably intoxicated guests who would soon be driving.
Worthy v. Holmes, 287 S.E.2d 9, 249 Ga. 104 (S. Ct. 1982); Holmes v. Worthy, 282 S.E. 2d 919, 159 Ga. App. 262 (Ct. App. 1981). This case overturned Georgia’s law (from the time of its embrace of English common law) in the areas of caveat emptor and merger by deed in the original sale of residential housing by builder/developers.
WMM Properties, Inc. v. Cobb County, 339 S.E.2d 252, 255 Ga. 436 (S. Ct. 1986). Considered the seminal case on vested rights in Georgia. Establishes rights of property owners to claim vested rights of zonings, permits, and other governmental approvals, predicated upon detrimental reliance of property owner and range of assurances by governmental entities.
City of Powder Springs v. WMM Properties, Inc., 325 S.E.2d 155, 253 Ga. 753 (S. Ct. 1985). Established rights of contiguous property owners to tap into sewer out fall lines which traversed their property, against claims by city that its manager was not empowered to make access commitments in exchange for grant of sewage easement.
Cobb County v. Webb Dev. Corp., 398 S.E.2d 3, 260 Ga. 605 (S. Ct. 1990). Developer compelled county exercise of eminent domain powers for sewer out fall line to service residential subdivision, where adjacent landowner refused any traversing of his property for sewer out fall line. American Bar Association Section on Land Use, Condemnation, and Zoning noted this was the only case where a private individual compelled a condemning authority to exercise its powers of eminent domain. Secured $500,000.00 settlement on behalf of developer on 42 USC §1983 damages claim against county.
Hampton Ridge Homeowners Assoc. v. Marett Properties, 460 S.E.2d 790, 265 Ga. 655 (S. Ct. 1995). Developer prevailed over homeowner association claim that filing of subdivision plat constituted implied dedication of subdivision pool/swim amenity package to homeowner’s association.
East Piedmont 120 Assocs. v. Sheppard, 434 S.E.2d 101, 209 Ga. App. 664 (Ct. App. 1993) Grant of summary judgment upheld against an assertion that an oral joint venture to develop property had been formulated. The decision hinged on the lack of written authority between the purported principal and agent.
Cousins v. Cousins, 315 S.E.2d 420, 253 Ga. 30 (S. Ct. 1984). This first impression case established the rights in the ex-wife to additional shares of corporate stock, following a stock split, of shares awarded in a divorce decree which were subject to a restricted transfer period resulting from securities laws.
Coplin v. Broadnax, 349 S.E.2d 748, 256 Ga. 291 (1986). Helped establish inheritance rights of illegitimates from their fathers, if there is clear and convincing evidence that the child is the natural child of the father, and that the father intended for the child to share in his estate.
Marett v. Professional Ins. Careers, Inc., 410 S.E.2d 373, 201 Ga. App. 178 (Ct. App. 1991). Verdict was overturned on a grant of a sales commission on the successful assertion of the corporate veil doctrine, against an improper allowance of an alter ego claim.
Chastain v. State, 339 S.E.2d 298, 177 Ga. App. 236 (Ct. App. 1985). Conviction of the Tax Commissioner of Cobb County on theft by conversion, theft by taking, and violation of oath of public office was reversed. The state had asserted the illegality of the payment of over $300,000 by the First National Bank of Cobb County to Defendant for interest on county monies on deposit in the bank; Defendant asserted that such payments were not illegal, due to federal banking law which prohibited the payment of interest on demand deposits of governmental entities.
Arnau v. Cochran, 361 S.E.2d 173, 257 Ga. 550 (S. Ct. 1987). Grant of summary judgment on the issue of mental capacity of the testator in a will contest was upheld.
Bullock v. Bullock, 292 S.E.2d 872, 162 Ga. App. 744 (Ct. App. 1982). Grant of summary judgment was reversed in a claim of an oral promise to convey land.