In re General Council of the Assemblies of God — Mandamus denied over second deposition orders

Case
In re The General Council of the Assemblies of God
Court
Texas First Court of Appeals
Judge
Justice Caughey; Justice Morgan; Justice Dokupil
Date Decided
August 13, 2026
Docket No.
01-26-00769-CV
Topics
Mandamus, Discovery, Depositions
Source
Read the full opinion

Background

The General Council of the Assemblies of God sought mandamus relief in litigation brought by John Doe 1 and John Doe 2 in the 234th District Court of Harris County, Texas. The underlying plaintiffs had moved to compel a second deposition of Donna Barrett.

The General Council challenged two trial-court orders related to that requested deposition, dated May 27 and June 29, 2026. It asked the First Court of Appeals to direct the trial court to vacate the orders granting the second deposition.

The Court’s Holding

In a per curiam memorandum opinion, the First Court of Appeals denied the petition for a writ of mandamus. The court concluded that the General Council had failed to establish that it was entitled to mandamus relief.

The opinion did not provide further analysis of the discovery dispute or the requirements for mandamus relief. The court also dismissed all pending motions as moot.

Key Takeaways

  • The orders permitting a second deposition of Donna Barrett remained undisturbed.
  • The relator did not establish entitlement to the extraordinary remedy of mandamus.
  • The court dismissed all pending motions as moot after denying the petition.

Why It Matters

The decision leaves the challenged discovery orders in place and allows the second deposition to proceed, subject to any further trial-court action. Because the memorandum opinion offers no substantive analysis, its principal significance lies in the result rather than in any broader guidance on repeat depositions or mandamus standards.

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