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Filing # 164870952 E-Filed 01/17/2023 02:50:44 PM
,; IN THE CIRCUIT COURT OF THE
FOURTH JUDICIAL CIRCUIT, IN AND
FOR DUVAL COUNTY, FLORIDA
MADELINE JOHNSTON,
Plaintiff/Counter-Defendant,
Case No: 2022-CA-6522
vs. l ,
Division: CV-C
CORTELLO SALON, INC.
Defendant/Counter:.Plaintiff.
-------------
AFFIDAVIT OF KELLY CANADA
BEFORE ME, the undersigned authority, personally appeared Kelly Canada, who, upon
being duly sworn, deposes and says as follows:
1. I am over the age of eighteen years and fully competent to testify as to the matters
set forth in this Affidavit, which are true and correct based upon personal knowledge.
2. I have been using Plaintiff/Counter-Defendant Madeline Johnston's hair styling
services for approximately one year, initially while she worked for Defendant/Counter-Plaintiff
Cortello Salon, Inc.
3: I have known Ms. Johnston for years, as she was friends·with my daughter in high
school.
4. Before using Ms. Johnston's services as.Cortello Salon, I saw a stylist at Frangipani
Salon, a competing salon in Jacksonville Beach, where I had been a client for years.
5. At.one of my services with Ms. Johnston at Cortello Salon, I was shocked to learn
when I received my bill that my service-a haircut and partial highlights-cost $125 more than
usual, a significant increase.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 01/18/2023 08:02:39 AM
6� I was very taken aback that Cortello Salon did not advise me of its price increase
before the new pricing went into effect, especially with such a significant price increase.
7. When paying for my services, I scheduled another appointment with Ms. Johnston
. . , ...
with the intent that it would be my last appointment with her and to explain that as much as I liked
her work, I simply could not continue to pay the new prices established by Cortello Salon.
8. After Ms. Johnston left Cortello Salon, she informed me she was working at a new
location and that her prices were comparable to her prices at Cortello before the price increase. I
told her I was relieved she left Cortello Salon because I was planning on leaving Cortello because
of the price increase. Even if Ms. Johnston stayed at Cortello, I simply could not justify paying
1 '
such expensive prices and would have found a more reasonably priced salon in the Jacksonville
_,J :; .
. . .,, . ••' ... .
Beach area.
•• i.
I hereby swear and affirm under oath that the facts stated in the foregoing Affidavit are
true.
STATE OF FLORID.
COUNTY OF St I
QbY
u
Sworn to (or affirmed) and subscribed before me by means of LJ personal appearance or
[_J online no�on, who is [_J personally known to me or �o has produced
fk:Dk as identification this 12� od �023, by Kelly Canada,
after having first been-duly sworn, deposes and says that-the-facts stated in her Affidavit are true
and correct to the best of her knowledge and belief. , '
ELLEN R. THIGPEN
Notary Public. State of Florida
Commis,iqnf. HH-175642
Notary Public, State o
My comm. expres Oct. 23, 2025
[Signature]
2
Respectfully submitted this 17th day of January 2023.
DELEGAL & POINDEXTER P.A.
/s/ T.A. “Tad” Delegal, III, B.C.S.
T.A. “Tad” Delegal, III, B.C.S.
FL Bar No. 0892701
Email: tad@delegal.net
James C. Poindexter
FL Bar No. 116039
Email: james@delegal.net
Alexandra E. Underkofler
Fla. Bar No.: 1018209
Email: alex@delegal.net
424 East Monroe Street
Jacksonville, FL 32202
Phone (904) 633-5000
Facsimile (904) 358-2850
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 17th day of January 2023, I electronically filed the
foregoing with the Clerk of the Court using the Florida Courts E-Filing portal, which will serve
the document electronically by email on the following:
Murphy & Anderson, P.A.
Geddes Anderson, Esq.
Email: ganderson@murphyandersonlaw.com
Sarah Jeck Hulsberg
Email: shulsberg@murphyandersonlaw.com
/s/ T.A. Delegal, III
T.A. Delegal, III
3
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Filing # 164870952 E-Filed 01/17/2023 02:50:44 PM ,; IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA MADELINE JOHNSTON, Plaintiff/Counter-Defendant, Case No: 2022-CA-6522 vs. l , Division: CV-C CORTELLO SALON, INC. Defendant/Counter:.Plaintiff. ------------- AFFIDAVIT OF KELLY CANADA BEFORE ME, the undersigned authority, personally appeared Kelly Canada, who, upon being duly sworn, deposes and says as follows: 1. I am over the age of eighteen years and fully competent to testify as to the matters set forth in this Affidavit, which are true and correct based upon personal knowledge. 2. I have been using Plaintiff/Counter-Defendant Madeline Johnston's hair styling services for approximately one year, initially while she worked for Defendant/Counter-Plaintiff Cortello Salon, Inc. 3: I have known Ms. Johnston for years, as she was friends·with my daughter in high school. 4. Before using Ms. Johnston's services as.Cortello Salon, I saw a stylist at Frangipani Salon, a competing salon in Jacksonville Beach, where I had been a client for years. 5. At.one of my services with Ms. Johnston at Cortello Salon, I was shocked to learn when I received my bill that my service-a haircut and partial highlights-cost $125 more than usual, a significant increase. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 01/18/2023 08:02:39 AM 6� I was very taken aback that Cortello Salon did not advise me of its price increase before the new pricing went into effect, especially with such a significant price increase. 7. When paying for my services, I scheduled another appointment with Ms. Johnston . . , ... with the intent that it would be my last appointment with her and to explain that as much as I liked her work, I simply could not continue to pay the new prices established by Cortello Salon. 8. After Ms. Johnston left Cortello Salon, she informed me she was working at a new location and that her prices were comparable to her prices at Cortello before the price increase. I told her I was relieved she left Cortello Salon because I was planning on leaving Cortello because of the price increase. Even if Ms. Johnston stayed at Cortello, I simply could not justify paying 1 ' such expensive prices and would have found a more reasonably priced salon in the Jacksonville _,J :; . . . .,, . ••' ... . Beach area. •• i. I hereby swear and affirm under oath that the facts stated in the foregoing Affidavit are true. STATE OF FLORID. COUNTY OF St I QbY u Sworn to (or affirmed) and subscribed before me by means of LJ personal appearance or [_J online no�on, who is [_J personally known to me or �o has produced fk:Dk as identification this 12� od �023, by Kelly Canada, after having first been-duly sworn, deposes and says that-the-facts stated in her Affidavit are true and correct to the best of her knowledge and belief. , ' ELLEN R. THIGPEN Notary Public. State of Florida Commis,iqnf. HH-175642 Notary Public, State o My comm. expres Oct. 23, 2025 [Signature] 2 Respectfully submitted this 17th day of January 2023. DELEGAL & POINDEXTER P.A. /s/ T.A. “Tad” Delegal, III, B.C.S. T.A. “Tad” Delegal, III, B.C.S. FL Bar No. 0892701 Email: tad@delegal.net James C. Poindexter FL Bar No. 116039 Email: james@delegal.net Alexandra E. Underkofler Fla. Bar No.: 1018209 Email: alex@delegal.net 424 East Monroe Street Jacksonville, FL 32202 Phone (904) 633-5000 Facsimile (904) 358-2850 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 17th day of January 2023, I electronically filed the foregoing with the Clerk of the Court using the Florida Courts E-Filing portal, which will serve the document electronically by email on the following: Murphy & Anderson, P.A. Geddes Anderson, Esq. Email: ganderson@murphyandersonlaw.com Sarah Jeck Hulsberg Email: shulsberg@murphyandersonlaw.com /s/ T.A. Delegal, III T.A. Delegal, III 3