An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
IN THE COURT OF APPEALS OF NORTH CAROLINA
No. COA 25-1081
Filed 1 April 2026
Guilford County, No. 25CV004743-400
JUDITH A. HERNANDEZ, Plaintiff,
v.
JUSTIN BEDDINGFIELD, and BRANDI BEDDINGFIELD, Defendants.
Appeal by defendants from orders entered 17 June 2025 and 18 June 2025 by
Judge Tomakio S. Gause in Guilford County District Court. Heard in the Court of
Appeals 10 March 2026.
Ruby Chase Taliercio, PLLC, by Jennifer L. Ruby, for plaintiff-appellee.
Justin Beddingfield and Brandi Beddingfield, pro se, for defendant-appellants.
FLOOD, Judge.
Defendants Justin Beddingfield and Brandi Beddingfield appeal from the trial
court’s orders granting Plaintiff Judith A. Hernandez’s motion to dismiss and motion
for summary judgment. On appeal, Defendants argue they were denied their right to
a jury trial when the trial court dismissed Defendants’ counterclaim and granted
summary judgment in Plaintiff’s favor. HERNANDEZ V. BEDDINGFIELD
Opinion of the Court
I. Factual and Procedural Background
Plaintiff is the owner of real property located at 1153 Hawick Drive, High
Point, North Carolina 27262 (the “Premises”). Defendants have been tenants at the
Premises since 5 January 2018. In October 2024, Plaintiff sent a letter to Defendants
notifying them that their lease would not be renewed, and they would have to vacate
the Premises before or on 5 January 2025.
After Defendants failed to vacate the Premises after the end of the lease period,
Plaintiff initiated a summary ejectment action against Defendants, seeking
possession of the Premises. Defendants filed an answer and asserted a counterclaim
in which Defendants alleged Plaintiff failed to make repairs to keep the Premises in
a “fit and habitable condition” and failed to maintain the Premises. On 14 March
2025, the magistrate dismissed Defendants’ counterclaim and entered a judgment in
Plaintiff’s favor. Defendants timely appealed to the district court.
Plaintiff subsequently filed a motion to dismiss pursuant to Rule 12(b)(6) of
the North Carolina Rules of Civil Procedure and a reply to Defendants’ counterclaim.
A month later, Plaintiff filed a motion for summary judgment and attached an
affidavit by Plaintiff.
The trial court heard Plaintiff’s motions on 12 June 2025. After the hearing,
the trial court granted Plaintiff’s motions in orders dated 17 June and 18 June 2025,
thereby dismissing Defendants’ counterclaim and granting summary judgment in
favor of Plaintiff. Defendants timely appealed.
-2- HERNANDEZ V. BEDDINGFIELD
II. Jurisdiction
This Court has jurisdiction over an appeal from a final judgment from a district
court pursuant to N.C.G.S. § 7A-27(b) (2023).
III. Standard of Review
This Court reviews constitutional questions, orders granting motions to
dismiss, and orders granting summary judgment de novo. See Woody v. Vickrey, 276
N.C. App. 427, 440 (2021); see also Piedmont Triad Reg’l Water Auth. v. Sumner Hills,
Inc., 353 N.C. 343, 348 (2001); Taylor v. Bank of Am., N.A., 382 N.C. 677, 679 (2022);
Poovey v. Vista N.C. Ltd. P’ship, 271 N.C. App. 453, 460 (2020). Summary judgment
“is appropriate only when the record shows that ‘there is no genuine issue as to any
material fact and that any party is entitled to judgment as a matter of law.’” Poovey,
271 N.C. App. at 460 (quoting In re Will of Jones, 362 N.C. 569, 573–74 (2008)).
IV. Analysis
On appeal, Defendants argue the trial court violated their right to a jury trial
under the Seventh Amendment to the United States Constitution and Article I,
Section 25 of the North Carolina Constitution. We disagree.
“[T]he [S]eventh [A]mendment of the United States Constitution,
guaranteeing jury trials in federal courts,” has not been applied to state courts. State
ex rel. Rhodes v. Simpson, 325 N.C. 514, 520–21 (1989) (citing In re Clark, 303 N.C.
592, 606 n. 8 (1981)); Caudle v. Swanson, 248 N.C. 249, 259 (1958) (“It is well settled
that the [Seventh] Amend[ment] to the [United States] Constitution applies only to
-3- HERNANDEZ V. BEDDINGFIELD
the federal courts and not to the state courts.”); Williams v. Williams, 13 N.C. App.
468, 470 (1972); In re Ferguson, 50 N.C. App. 681, 683 (1981). Here, the trial court is
a state court, not a federal court. Consequently, the trial court did not violate
Defendants’ rights under the Seventh Amendment to the Constitution of the United
States. See Caudle, 248 N.C. at 259.
Article I, Section 25 of the North Carolina Constitution provides for the right
to a trial by jury in civil cases. See N.C. Const. art. I, § 25. “[T]he constitutional right
to trial by jury . . . is not absolute; rather, it is premised upon a preliminary
determination by the trial judge that there indeed exist genuine issues of fact and
credibility which require submission to the jury.” Sullivan v. Pugh, 258 N.C. App.
691, 693 (2018) (quoting Bank v. Burnette, 297 N.C. 524, 537 (1979)). Further, the
“right to trial by jury accrues only where there is a genuine issue of fact to be decided
at trial.” Id. (quoting State ex rel. Albright v. Arellano, 165 N.C. App. 609, 618 (2004)).
In assessing a motion to dismiss pursuant to Rule 12(b)(6) of the North
Carolina Rules of Civil Procedure, a court “test[s] the law of a claim, not the facts
which support it[,]” White v. White, 296 N.C. 661, 667 (1979) (citation and internal
quotation marks omitted), and determines whether a party has stated “enough to
satisfy the substantive elements of at least some legally recognized claim[,]” Bottom
v. Bailey, 238 N.C. App. 202, 206 (2014) (quoting Strickland v. Hedrick, 194 N.C. App.
1, 20 (2008)). Consequently, a judge granting a motion to dismiss under Rule 12(b)(6)
determines that, “as a matter of law, the allegations of the complaint, treated as true,
-4- HERNANDEZ V. BEDDINGFIELD
are [in]sufficient to state a claim upon which relief may be granted under some legal
theory.” Carlisle v. Keith, 169 N.C. App. 674, 681 (2005).
“[U]nlike a motion to dismiss under Rule 12(b)(6), the purpose of summary
judgment under Rule 56 is not to test the legal sufficiency of the pleadings, but rather,
. . . to provide an efficient method for determining whether a material issue of fact
actually exists[,]” Brittian ex rel. Hildebran v. Brittian, 243 N.C. App. 6, 10 (2015)
(citation and internal quotation marks omitted), and “thereby eliminate the necessity
of a formal trial where only questions of law are involved and a fatal weakness in the
claim or defense of a party is exposed[,]” Ellis v. White, 156 N.C. App. 16, 21 (2003)
(quoting Foster v. Winston-Salem Joint Venture, 303 N.C. 636, 641–42 (1981)).
Here, the trial court did not deprive Defendants of their right to a jury trial
because the trial court determined there were no issues of fact or credibility
warranting a jury trial. See Sullivan, 258 N.C. App. at 693. Further, by dismissing
Defendants’ counterclaim, the trial court determined that, as a matter of law,
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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
IN THE COURT OF APPEALS OF NORTH CAROLINA
No. COA 25-1081
Filed 1 April 2026
Guilford County, No. 25CV004743-400
JUDITH A. HERNANDEZ, Plaintiff,
v.
JUSTIN BEDDINGFIELD, and BRANDI BEDDINGFIELD, Defendants.
Appeal by defendants from orders entered 17 June 2025 and 18 June 2025 by
Judge Tomakio S. Gause in Guilford County District Court. Heard in the Court of
Appeals 10 March 2026.
Ruby Chase Taliercio, PLLC, by Jennifer L. Ruby, for plaintiff-appellee.
Justin Beddingfield and Brandi Beddingfield, pro se, for defendant-appellants.
FLOOD, Judge.
Defendants Justin Beddingfield and Brandi Beddingfield appeal from the trial
court’s orders granting Plaintiff Judith A. Hernandez’s motion to dismiss and motion
for summary judgment. On appeal, Defendants argue they were denied their right to
a jury trial when the trial court dismissed Defendants’ counterclaim and granted
summary judgment in Plaintiff’s favor. HERNANDEZ V. BEDDINGFIELD
Opinion of the Court
I. Factual and Procedural Background
Plaintiff is the owner of real property located at 1153 Hawick Drive, High
Point, North Carolina 27262 (the “Premises”). Defendants have been tenants at the
Premises since 5 January 2018. In October 2024, Plaintiff sent a letter to Defendants
notifying them that their lease would not be renewed, and they would have to vacate
the Premises before or on 5 January 2025.
After Defendants failed to vacate the Premises after the end of the lease period,
Plaintiff initiated a summary ejectment action against Defendants, seeking
possession of the Premises. Defendants filed an answer and asserted a counterclaim
in which Defendants alleged Plaintiff failed to make repairs to keep the Premises in
a “fit and habitable condition” and failed to maintain the Premises. On 14 March
2025, the magistrate dismissed Defendants’ counterclaim and entered a judgment in
Plaintiff’s favor. Defendants timely appealed to the district court.
Plaintiff subsequently filed a motion to dismiss pursuant to Rule 12(b)(6) of
the North Carolina Rules of Civil Procedure and a reply to Defendants’ counterclaim.
A month later, Plaintiff filed a motion for summary judgment and attached an
affidavit by Plaintiff.
The trial court heard Plaintiff’s motions on 12 June 2025. After the hearing,
the trial court granted Plaintiff’s motions in orders dated 17 June and 18 June 2025,
thereby dismissing Defendants’ counterclaim and granting summary judgment in
favor of Plaintiff. Defendants timely appealed.
-2- HERNANDEZ V. BEDDINGFIELD
II. Jurisdiction
This Court has jurisdiction over an appeal from a final judgment from a district
court pursuant to N.C.G.S. § 7A-27(b) (2023).
III. Standard of Review
This Court reviews constitutional questions, orders granting motions to
dismiss, and orders granting summary judgment de novo. See Woody v. Vickrey, 276
N.C. App. 427, 440 (2021); see also Piedmont Triad Reg’l Water Auth. v. Sumner Hills,
Inc., 353 N.C. 343, 348 (2001); Taylor v. Bank of Am., N.A., 382 N.C. 677, 679 (2022);
Poovey v. Vista N.C. Ltd. P’ship, 271 N.C. App. 453, 460 (2020). Summary judgment
“is appropriate only when the record shows that ‘there is no genuine issue as to any
material fact and that any party is entitled to judgment as a matter of law.’” Poovey,
271 N.C. App. at 460 (quoting In re Will of Jones, 362 N.C. 569, 573–74 (2008)).
IV. Analysis
On appeal, Defendants argue the trial court violated their right to a jury trial
under the Seventh Amendment to the United States Constitution and Article I,
Section 25 of the North Carolina Constitution. We disagree.
“[T]he [S]eventh [A]mendment of the United States Constitution,
guaranteeing jury trials in federal courts,” has not been applied to state courts. State
ex rel. Rhodes v. Simpson, 325 N.C. 514, 520–21 (1989) (citing In re Clark, 303 N.C.
592, 606 n. 8 (1981)); Caudle v. Swanson, 248 N.C. 249, 259 (1958) (“It is well settled
that the [Seventh] Amend[ment] to the [United States] Constitution applies only to
-3- HERNANDEZ V. BEDDINGFIELD
the federal courts and not to the state courts.”); Williams v. Williams, 13 N.C. App.
468, 470 (1972); In re Ferguson, 50 N.C. App. 681, 683 (1981). Here, the trial court is
a state court, not a federal court. Consequently, the trial court did not violate
Defendants’ rights under the Seventh Amendment to the Constitution of the United
States. See Caudle, 248 N.C. at 259.
Article I, Section 25 of the North Carolina Constitution provides for the right
to a trial by jury in civil cases. See N.C. Const. art. I, § 25. “[T]he constitutional right
to trial by jury . . . is not absolute; rather, it is premised upon a preliminary
determination by the trial judge that there indeed exist genuine issues of fact and
credibility which require submission to the jury.” Sullivan v. Pugh, 258 N.C. App.
691, 693 (2018) (quoting Bank v. Burnette, 297 N.C. 524, 537 (1979)). Further, the
“right to trial by jury accrues only where there is a genuine issue of fact to be decided
at trial.” Id. (quoting State ex rel. Albright v. Arellano, 165 N.C. App. 609, 618 (2004)).
In assessing a motion to dismiss pursuant to Rule 12(b)(6) of the North
Carolina Rules of Civil Procedure, a court “test[s] the law of a claim, not the facts
which support it[,]” White v. White, 296 N.C. 661, 667 (1979) (citation and internal
quotation marks omitted), and determines whether a party has stated “enough to
satisfy the substantive elements of at least some legally recognized claim[,]” Bottom
v. Bailey, 238 N.C. App. 202, 206 (2014) (quoting Strickland v. Hedrick, 194 N.C. App.
1, 20 (2008)). Consequently, a judge granting a motion to dismiss under Rule 12(b)(6)
determines that, “as a matter of law, the allegations of the complaint, treated as true,
-4- HERNANDEZ V. BEDDINGFIELD
are [in]sufficient to state a claim upon which relief may be granted under some legal
theory.” Carlisle v. Keith, 169 N.C. App. 674, 681 (2005).
“[U]nlike a motion to dismiss under Rule 12(b)(6), the purpose of summary
judgment under Rule 56 is not to test the legal sufficiency of the pleadings, but rather,
. . . to provide an efficient method for determining whether a material issue of fact
actually exists[,]” Brittian ex rel. Hildebran v. Brittian, 243 N.C. App. 6, 10 (2015)
(citation and internal quotation marks omitted), and “thereby eliminate the necessity
of a formal trial where only questions of law are involved and a fatal weakness in the
claim or defense of a party is exposed[,]” Ellis v. White, 156 N.C. App. 16, 21 (2003)
(quoting Foster v. Winston-Salem Joint Venture, 303 N.C. 636, 641–42 (1981)).
Here, the trial court did not deprive Defendants of their right to a jury trial
because the trial court determined there were no issues of fact or credibility
warranting a jury trial. See Sullivan, 258 N.C. App. at 693. Further, by dismissing
Defendants’ counterclaim, the trial court determined that, as a matter of law,
Defendants failed to state a claim upon which relief could be granted. Carlisle, 169
N.C. App. at 681. A determination regarding a matter of law, however, does not
implicate a party’s right to a jury trial. See Erickson v. Starling, 235 N.C. 643, 654
(1952) (“Issues of law must be tried by the judge; but issues of fact must be tried by a
jury, unless trial by jury is waived.”). Because the trial court granted Plaintiff’s
motion to dismiss and motion for summary judgment, all the claims in Plaintiff’s
complaint and Defendants’ counterclaims were addressed. Therefore, no claims
-5- HERNANDEZ V. BEDDINGFIELD
existed to be brought before a jury. Accordingly, the trial court did not deprive
Defendants of their right to a jury trial by granting Plaintiff’s motions. See Sullivan,
258 N.C. App. at 693.
Lastly, we note Defendants argue in their reply brief that the trial court
deprived Defendants of their right to a jury trial because Defendants’ pleadings and
evidence raised genuine issues of material fact. Defendants, however, made this
argument too late, as a reply brief “does not serve as a way to correct deficiencies in
the principal brief.” Cape Homeowners Ass’n, Inc. v. S. Destiny, LLC, 292 N.C. App.
374, 380, review denied, 906 S.E.2d 480 (N.C. 2024) (quoting Larsen v. Black
Diamond French Truffles, Inc., 241 N.C. App. 74 (2015)). Since Defendants failed to
make this argument in their principal brief to this Court, we decline to address it.
See Hardin v. KCS Int’l, Inc., 199 N.C. App. 687, 707 (2009) (“[I]n order to properly
present the issue for appellate review, [the appellant] should have included the
contention in his main brief.”).
V. Conclusion
Upon careful review, we conclude the trial court did not violate Defendants’
right to a jury trial by granting Plaintiff’s motion to dismiss and motion for summary
judgment. We therefore affirm the trial court’s orders.
AFFIRMED.
Judges TYSON and CARPENTER concur.
Report per Rule 30(e).
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