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Pasco County Small Claims Dispute Sparks Legal Controversy Over Misuse of Circuit Court Rules

Wesley Chapel, FL - May 2025
A complex legal battle in the Pasco County Small Claims Court has taken a dramatic turn, as self-represented litigant Anthony Gaeto has filed a motion to strike numerous motions, hearings, judgments, and orders from the case record. Gaeto alleges that opposing attorneys improperly utilized Circuit Court rules in a proceeding that, by law, should be governed solely by Florida’s simplified Small Claims Rules.

The case, filed under case number 2023SC005668SAXES, originated when Auto Dealership V, LLC - doing business as Mercedes-Benz of Wesley Chapel (MBWC) - initiated legal action against Gaeto, a local resident and owner of a 2015 Mercedes-Benz B250e. The dispute centers on warranty repairs and the release of Gaeto’s vehicle, which had a battery failure allegedly covered under a valid manufacturer’s warranty.

Core of the Dispute: Misapplication of Legal Procedure

In a sweeping motion, Gaeto accuses MBWC’s attorney, Richard Ivers, and Mercedes-Benz USA’s attorney, Danial Klee, of deliberately and repeatedly filing motions under the Florida Rules of Civil Procedure - a complex set of legal standards that do not automatically apply in Small Claims Court unless formally invoked by the court or requested by both parties. According to Gaeto, no such invocation ever occurred.

Citing multiple examples from the case history, Gaeto contends that these misapplications led to unfair hearings, rulings, and the denial of his due process rights. As a 65-year-old self-represented litigant with a recognized cognitive disability, Gaeto says he was significantly disadvantaged by these legal complexities, which he was not trained to understand or prepare for.

Among the motions Gaeto seeks to strike are several filed by the plaintiff and third-party defendant that relied on improper legal standards - including motions for dismissal, summary judgment, and requests for attorney’s fees. Gaeto also alleges that certain orders issued by Judge Nathe, the presiding judge until a recent recusal, were biased and based on these improperly filed motions.

Legal and Ethical Concerns Raised

In his motion, Gaeto calls for the court to:

  • Strike all pleadings, motions, hearings, and orders that referenced Circuit Court rules.

  • Restore the case to a point before the first improper filings were introduced - specifically, to motions filed in August 2024.

  • Sanction attorneys Ivers and Klee for intentionally exploiting procedural rules to prejudice the case.

  • Return a bond payment previously awarded to MBWC to the court until a fair resolution is reached.

Gaeto further argues that Judge Nathe’s confirmed bias, as acknowledged in a separate order granting recusal, compromised the court’s impartiality in interpreting consumer protection laws, including the Florida Motor Vehicle Repair Act and the Magnuson-Moss Warranty Act.

Potential Implications and Broader Impact

This case raises serious questions about procedural integrity in Florida’s Small Claims Courts. It underscores the challenges faced by self-represented litigants, particularly when opposing counsel exploits procedural technicalities for strategic gain. The improper use of more complex legal rules in a simplified system designed for accessibility may create significant inequities - precisely the concern Gaeto aims to address.

Gaeto concludes his motion with an offer to help the court and opposing counsel identify and agree on specific filings that should be struck from the record to bring clarity and fairness back to the proceedings.

Conclusion

As the court considers Gaeto’s motion, the outcome may set an important precedent for the treatment of procedural fairness in Florida’s Small Claims Courts - particularly in cases involving self-represented litigants up against powerful legal teams. The legal community and public alike will be watching closely to see whether the court chooses to “clean the slate” and uphold the principles of due process and accessibility the Small Claims system was designed to protect.