DISSENTING OPINION ON MOTION FOR REHEARING
BOWERS, Justice.I dissent and would grant the motion for rehearing. According to the trial court order denying appellants’ Motion to Set Aside Deemed Admissions, the basis for the court’s denial was “having read and considered the Defendants’ Motions and Exhibits.”
The Supreme Court has said that sanctions should be imposed only to the extent needed for compliance. TransAmerican Natural Gas v. Powell, 811 S.W.2d 913 (Tex.1991). Appellants answered the interrogatories and request for admissions before the trial court denied appellants’ motion and granted appellee’s request for summary judgment. Irrespective of the reasons the trial court had for denying the motion, the court’s denial was a clear violation of the guidelines set forth in Trans-American.