dissenting.
After a trial court judgment for Maurine Parmelee was unanimously affirmed by the court of appeals, Otis Elevator sought a reversal in this court. When no answer on the appeal was forthcoming, Parmelee, an elderly pensioner dependent upon the benefits declared payable to her under the judgment, finally petitioned this court for expedited disposition due to failing health. Her motion lingered, the first response coming only when this court’s opinion issued on January 20, 1993, reversing the judgment of the trial court in Parmelee’s favor and dissolving the sanctions imposed by the trial court on Otis Elevator for its failure to obey a court order.
For the reasons set forth in my opinion in Remington Arms Co. v. Caldwell, 850 S.W.2d 167 (Tex.1993, orig. proceeding) (Doggett, J., dissenting), I disagree with the approach employed by the majority in overturning discovery sanctions imposed by the trial judge. The court of appeals correctly resolved this matter, 817 S.W.2d 731, refusing to overturn the trial court’s exercise of discretion in the absence of a complete record. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex.1992, orig. proceeding) (requiring statement of facts from trial court hearing in reviewing discretionary determination).
GAMMAGE, J., joins in this dissenting opinion.