DOCUMENT 14

ELECTRONICALLY FILED
4/14/2021 9:52 AM
47-DV-2021-900417.00
CIRCUIT COURT OF
MADISON COUNTY, ALABAMA
DEBRA KIZER, CLERK
IN THE DISTRICT COURT OF MADISON COUNTY, ALABAMA

CYNTHIA DORAN, an individual,

PLAINTIFF,

VS. CIVIL ACTION NO. CV21-

LAURA CAIN HYDE, an individual, D/B/A

TRENDSETTER POOLS; JOSHUA HYDE,
an individual,

DEFENDANTS.

COMPLAINT

Comes now the Plaintiff in the above styled case and files this
her complaint against the named Defendants and would show unto the Court
as follows:

PARTIES

1. Plaintiff, Cynthia Doran is a bona fide residents of Madison County,

Alabama and is over the age of nineteen (19) years.

2. Defendants, Laura Cain Hyde d/b/a Trendsetter Pools and Joshua Hyde
are individuals over the age of nineteen (19) years and were residents of
Madison County, Alabama at all times relevant to this case.

FACTS:

3. On or about May 20, 2020, Plaintiff, Cynthia Doran contracted with

Laura Cain Hyde, d/b/a Trendsetter Pools, hereafter Laura Cain Hyde, to
purchase a swimming pool for $33,150.00. Per the contract, Laura Cain
Hyde was the “contractor. At all times during their negotiations for the pool,
Laura Cain Hyde held herself out as being licensed as a general contractor
by the State of Alabama. The contract provided that the work would be
completed in a timely manner. Laura Cain Hyde and Joshua Hyde are
married, and both supervised and monitored work, directed employees and
 DOCUMENT 14

received payments in this case.

4. Work was started on the pool on or about June 15, 2020. Joshua Hyde
worked on the pool, supervised and controlled employees work, monitored
the progression of the pool and responded to texts about the pool.

5. Laura Cain Hyde and Joshua Hyde have abandoned the pool worksite
and have failed to respond to all communications since September 9, 2020.
The work is not complete, the pool is not useable and the Plaintiff has been
unable to have the pool repaired at this time.

COUNT ONE: BREACH OF CONTRACT

6. Plaintiff alleges and adopt paragraph 1 through 5 as if fully set out

herein.

7. The Defendant, Laura Cain Hyde breached the terms of the contract with
the Plaintiff either intentionally, negligently, wantonly, and/or recklessly.

8. As a direct and proximate result of the Defendant’s breach, the Plaintiff

has sustained economic damage, mental anguish, incidental and
consequential damages.

WHEREFORE, PREMISES CONSIDERED, Plaintiffs demand judgment

against this Defendant, in an amount to be determined by the trier of fact.

COUNT TWO: BREACH OF CONTRACT

9. Plaintiff alleges and adopt paragraph 1 through 8 as if fully set out

herein.

10. The Defendant, Joshua Hyde breached the terms of the contract with
the Plaintiff either intentionally, negligently, wantonly, and/or recklessly.

11. As a direct and proximate result of the Defendant’s breach, the

Plaintiff has sustained economic damage, mental anguish, incidental and
consequential damages.

WHEREFORE, PREMISES CONSIDERED, Plaintiff demands judgment

 DOCUMENT 14

against this Defendant, in an amount to be determined by the trier of fact.

COUNT THREE: FRAUD AND MISREPRESENTATION

12. Plaintiff realleges and adopts paragraphs 1 through 11 as if fully set out
herein.

13. Defendant, Laura Cain Hyde, intentionally, knowingly, fraudulently and

negligently claimed she was licensed as a general contractor in Alabama.
Laura Cain Hyde intentionally, knowingly, fraudulently and negligently took
money from the Plaintiff, while not licensed and not qualified to perform the
work.

14. Defendant, Laura Cain Hyde’s misrepresentation of material facts made

either willfully to deceive or recklessly without knowledge, caused Cynthia
Doran to contract with her to build her pool. Laura Cain Hyde benefitted
from the misrepresentations made by Laura Cain Hyde, knowing such
representations were false.

WHEREFORE, PREMISES CONSIDERED, Plaintiff demands

judgment against the Defendant, including punitive damages, in an amount
to be determined by the trier of fact.

COUNT FOUR: FRAUD AND MISREPRESENTATION

15. Plaintiff realleges and adopts paragraphs 1 through 14as if fully set out
herein.

16. Defendant, Joshua Hyde has worked with his wife building pools for
many years, and knew at the time this contract was formed that neither he or
his wife was licensed as a general contractor in Alabama. Knowing that he
and wife were not licensed, he supervised employees, performed work and
communicated with Plaintiff about her pool. Joshua Hyde willingly,
knowingly, fraudulently and negligently benefitted from the
misrepresentations made by Laura Cain Hyde, knowing such representations
were false.

WHEREFORE, PREMISES CONSIDERED, Plaintiff demands

judgment against the Defendants, including punitive damages, in an amount
to be determined by the trier of fact.
 DOCUMENT 14

/s/ Randy W. Ferguson

Randy W. Ferguson
Attorney for Plaintiff
FERGUSON & FERGUSON
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801
(256) 534-3435

Defendants can be served at:

Laura Hyde
129 Debbie Blvd.
Huntsville, AL 35811

Joshua Hyde
463688 State Road 200, Suite 1-407
Yulee, FL 32097