TALLAHASSEE – North Miami Beach attorney Madsen Marcellus Jr. has been indefinitely suspended following an April 25 Florida Supreme Court order over allegations arising from his 2010 divorce, according to a recent announcement by The Florida Bar.
"Marcellus provided incredible testimony regarding his dissolution of marriage and he failed to abide by the final order on the petition for dissolution of marriage with respect to the marital home," the state bar said in its May 29 announcement of the discipline and the Supreme Court's order. "He also failed to appear in court for scheduled hearings regarding the matter."
Allegations against Marcellus included violation of rules regarding candor toward the tribunal, to not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation and to not engage in conduct prejudicial to the administration of justice, according to the state bar's formal complaint filed with the court.
Marcellus's suspension until further court order was effective 30 days from the date of the order to allow him time to close out his practice and protect his existing clients' interests, according to the high court's order.
In Florida, court orders are not final until after time expires to request a rehearing. Filing such a motion would not alter the effective date of Marcellus' suspension.
Marcellus was admitted to the bar in Florida on Jan. 22, 2003, according to his profile at the state bar website. No prior discipline before the state bar is listed on Marcellus's state bar profile.
In late March 2010, Marcellus allegedly "participated in the fraudulent execution" of a loan modification agreement of the marital home, according to the state bar's formal complaint. "Specifically, respondent was aware that the signature of his former spouse was forged onto the loan modification agreement and submitted for approval," the formal complaint said.
The mortgage company began a foreclosure action in December of the following year, naming Marcellus and his former spouse, who soon filed an affidavit of forgery and commenced post dissolution of marriage. During those proceedings, Marcellus "failed to comply with multiple discovery requests, which led to multiple sanctions, including daily fines," the formal complaint said.