ANTONIO G. CANTU, Justice
(Assigned), dissenting on appellants motion for rehearing.
In my dissent on our original disposition, I wrote solely to express my disagreement with the majority’s disposition of Helping Hands’ cross point number two because I believed then as I believe now, that the cross point was not properly preserved for review and most assuredly fell short of requiring a reversal. Because I remain convinced that my initial impressions were correct, I shall repeat my remarks. But because United Way has filed a motion for rehearing that has impressed the majority into rewriting its opinion into such a manner as to cause me further concern, I feel constrained to add a few more comments.
United Way has convinced the majority that Helping Hands’ claim against United Way was solely for business disparagement and the majority, therefore, reverses on this issue. Nothing could be farther from the truth. In reality Helping Hands alleged separate causes of action in slander, libel and business disparagement. To be sure, some of the allegations consisted of complaints regarding defamatory remarks addressing both Ruth Mahl, the executive director, and Helping Hands. However, one of the causes of action clearly focused entirely on alleged disparaging statements made about Helping Hands. The majority has failed to recognize the difference and has characterized them all as business disparagement, no doubt because United Way has done so in its motion for rehearing. This approach is incorrect.1
On appeal, Helping Hands never complained of error affecting its disparagement claim. All complaints focused on the defamation issues. In fact, none of the objections lodged by Helping Hands at trial ever mentioned business disparagement. In my opinion any claim for disparagement damages died with the jury’s “No” answer and was abandoned and waived by Helping Hands in not pursuing it further. We ought not resurrect it now.
Helping Hands’ complaint on appeal was “H.H.L.F. and Mahl, therefore, complain by way of cross-point of the trial court’s ruling permitting Barbara Aldave, Dean of St. Mary’s Law School to provide opinion testimony on the defamation issues.” Appellees Brief p. 15
There is no doubt in my mind that Helping Hands appreciated the subtle distinctions between libel, slander, and business disparagement, because the causes of action were separately alleged and the trial court’s charge submitted each as a separate question.
Question No. 3 inquired:
Did Dick Brown slander Ruth Mahl?
In order to answer “Yes,” you must find that Dick Brown made an oral statement to a third party that defamed Ruth Mahl.
A statement “defames” an individual if it tends to so harm the reputation of that [715]*715individual as to lower them in the estimation of the community or to deter third persons from associating or dealing with them. A statement also “defames” an individual if it tends to prejudice the person spoken of in their business, profession, office, occupation, or employment.
In answering this question, you are only to consider the statements, if any, made by Dick Brown during the November 20, 1991 United Way meeting.
Answer “Yes” or “No.”
ANSWER: No
Question No. 6 inquired:
Did United Way libel Ruth Mahl?
In order to answer “Yes,” you must find United Way of San Antonio and Bexar County, Inc. defamed Ruth Mahl in written or other graphic form so as to:
(1) injure her in her business, profession, occupation, or employment; or
(2) injure her reputation and thereby expose her to public hatred, contempt, or ridicule, or financial injury; or
(3) impeach her honesty, integrity, virtue, or reputation; or
(4) publish her natural defects and thereby expose her to public hatred, ridicule, or financial injury.
In answering this question, you are only to consider the statements, if any, made by United Way of San Antonio and Bexar County, Inc. in the fact sheet and other written statements.
Answer “Yes” or “No.”
ANSWER: No
Question No. 9 inquired:
Did any of those listed below disparage Helping Hands [sic] Lifeline Foundation?
In order to answer “Yes” to this question, you must find that the party listed below published statements about Helping Hands that were false, and that the party listed below knew the falsity or acted with reckless disregard of whether the statement was false, or the party acted with hi will or intended to interfere with the economic interest of Helping Hands in an unprivileged fashion.
Answer “Yes” or “No” for each of those listed below.
a) Dick Brown No
b) United Way No
Although I firmly adhere to my previous dissent, I fear the majority aggravates the problem by reversing and remanding on disparagement. If error had been preserved, it would have been on the defamation issues, not on the disparagement issue.
I now reurge that Helping Hands’ cross point was not preserved for review by repeating my previous dissent.
In order to properly understand the issue presented to the trial court, it is important to review the precise matter that was before it. Additionally, it is not sufficient that we view the question simply as one of admissibility of evidence, but rather, as one of exercise of broad discretion, because unless we are prepared to hold that the trial court abused its broad sound discretion, we are not compelled to order a reversal and remand.
This is true because to obtain a reversal of a judgment based upon a trial court’s decision to admit or exclude evidence, the appellant must show: (1) that the trial court abused its discretion in making the decision; and (2) that the error was reasonably calculated to cause and probably did cause rendition of an improper judgment. Tex.R.App.P. 81(b)(1); Gee v. Liberty Mut. Fire Ins. Co., 765 S.W.2d 394, 396 (Tex.1989); see also Tex.R.Civ.Evid. 103 (“unless a substantial right is affected”).
Wide discretion is afforded the trial court in determining whether to admit or exclude expert testimony regarding ultimate fact issues in a case. Dillard v. Broyles, 633 S.W.2d 636, 643-44 (Tex.App. — Corpus Christi 1982, ref'd n.r.e.), cert. denied, 463 U.S. 1208, 103 S.Ct. 3539, 77 L.Ed.2d 1389 (1983). In order that a proper review of the record for abuse of discretion can be made, I reproduce all of the relevant matter developed before the trial court.
The record does not disclose any motion in limine or other pretrial motion calling the trial court’s attention to United Way’s inten[716]*716tion to offer Dean Aldave’s testimony.2 Nevertheless, immediately prior to United Way calling Aldave as its expert witness, counsel for Helping Hands requested a hearing outside the presence of the jury, in effect, urged an oral motion in limine to address Aldave’s proposed testimony.
The following discussion then transpired:
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ANTONIO G. CANTU, Justice
(Assigned), dissenting on appellants motion for rehearing.
In my dissent on our original disposition, I wrote solely to express my disagreement with the majority’s disposition of Helping Hands’ cross point number two because I believed then as I believe now, that the cross point was not properly preserved for review and most assuredly fell short of requiring a reversal. Because I remain convinced that my initial impressions were correct, I shall repeat my remarks. But because United Way has filed a motion for rehearing that has impressed the majority into rewriting its opinion into such a manner as to cause me further concern, I feel constrained to add a few more comments.
United Way has convinced the majority that Helping Hands’ claim against United Way was solely for business disparagement and the majority, therefore, reverses on this issue. Nothing could be farther from the truth. In reality Helping Hands alleged separate causes of action in slander, libel and business disparagement. To be sure, some of the allegations consisted of complaints regarding defamatory remarks addressing both Ruth Mahl, the executive director, and Helping Hands. However, one of the causes of action clearly focused entirely on alleged disparaging statements made about Helping Hands. The majority has failed to recognize the difference and has characterized them all as business disparagement, no doubt because United Way has done so in its motion for rehearing. This approach is incorrect.1
On appeal, Helping Hands never complained of error affecting its disparagement claim. All complaints focused on the defamation issues. In fact, none of the objections lodged by Helping Hands at trial ever mentioned business disparagement. In my opinion any claim for disparagement damages died with the jury’s “No” answer and was abandoned and waived by Helping Hands in not pursuing it further. We ought not resurrect it now.
Helping Hands’ complaint on appeal was “H.H.L.F. and Mahl, therefore, complain by way of cross-point of the trial court’s ruling permitting Barbara Aldave, Dean of St. Mary’s Law School to provide opinion testimony on the defamation issues.” Appellees Brief p. 15
There is no doubt in my mind that Helping Hands appreciated the subtle distinctions between libel, slander, and business disparagement, because the causes of action were separately alleged and the trial court’s charge submitted each as a separate question.
Question No. 3 inquired:
Did Dick Brown slander Ruth Mahl?
In order to answer “Yes,” you must find that Dick Brown made an oral statement to a third party that defamed Ruth Mahl.
A statement “defames” an individual if it tends to so harm the reputation of that [715]*715individual as to lower them in the estimation of the community or to deter third persons from associating or dealing with them. A statement also “defames” an individual if it tends to prejudice the person spoken of in their business, profession, office, occupation, or employment.
In answering this question, you are only to consider the statements, if any, made by Dick Brown during the November 20, 1991 United Way meeting.
Answer “Yes” or “No.”
ANSWER: No
Question No. 6 inquired:
Did United Way libel Ruth Mahl?
In order to answer “Yes,” you must find United Way of San Antonio and Bexar County, Inc. defamed Ruth Mahl in written or other graphic form so as to:
(1) injure her in her business, profession, occupation, or employment; or
(2) injure her reputation and thereby expose her to public hatred, contempt, or ridicule, or financial injury; or
(3) impeach her honesty, integrity, virtue, or reputation; or
(4) publish her natural defects and thereby expose her to public hatred, ridicule, or financial injury.
In answering this question, you are only to consider the statements, if any, made by United Way of San Antonio and Bexar County, Inc. in the fact sheet and other written statements.
Answer “Yes” or “No.”
ANSWER: No
Question No. 9 inquired:
Did any of those listed below disparage Helping Hands [sic] Lifeline Foundation?
In order to answer “Yes” to this question, you must find that the party listed below published statements about Helping Hands that were false, and that the party listed below knew the falsity or acted with reckless disregard of whether the statement was false, or the party acted with hi will or intended to interfere with the economic interest of Helping Hands in an unprivileged fashion.
Answer “Yes” or “No” for each of those listed below.
a) Dick Brown No
b) United Way No
Although I firmly adhere to my previous dissent, I fear the majority aggravates the problem by reversing and remanding on disparagement. If error had been preserved, it would have been on the defamation issues, not on the disparagement issue.
I now reurge that Helping Hands’ cross point was not preserved for review by repeating my previous dissent.
In order to properly understand the issue presented to the trial court, it is important to review the precise matter that was before it. Additionally, it is not sufficient that we view the question simply as one of admissibility of evidence, but rather, as one of exercise of broad discretion, because unless we are prepared to hold that the trial court abused its broad sound discretion, we are not compelled to order a reversal and remand.
This is true because to obtain a reversal of a judgment based upon a trial court’s decision to admit or exclude evidence, the appellant must show: (1) that the trial court abused its discretion in making the decision; and (2) that the error was reasonably calculated to cause and probably did cause rendition of an improper judgment. Tex.R.App.P. 81(b)(1); Gee v. Liberty Mut. Fire Ins. Co., 765 S.W.2d 394, 396 (Tex.1989); see also Tex.R.Civ.Evid. 103 (“unless a substantial right is affected”).
Wide discretion is afforded the trial court in determining whether to admit or exclude expert testimony regarding ultimate fact issues in a case. Dillard v. Broyles, 633 S.W.2d 636, 643-44 (Tex.App. — Corpus Christi 1982, ref'd n.r.e.), cert. denied, 463 U.S. 1208, 103 S.Ct. 3539, 77 L.Ed.2d 1389 (1983). In order that a proper review of the record for abuse of discretion can be made, I reproduce all of the relevant matter developed before the trial court.
The record does not disclose any motion in limine or other pretrial motion calling the trial court’s attention to United Way’s inten[716]*716tion to offer Dean Aldave’s testimony.2 Nevertheless, immediately prior to United Way calling Aldave as its expert witness, counsel for Helping Hands requested a hearing outside the presence of the jury, in effect, urged an oral motion in limine to address Aldave’s proposed testimony.
The following discussion then transpired:
THE COURT: At this time, I understand that you wish to talk to the Court before the jurors come in?
MR. PIPOLY: Yes, Your Honor. Carl Pipoly for Helping Hands Lifeline Foundation and Ruth Mahl, and we are going to lodge a formal objection at this time to the testimony of Barbara Aldave, Dean of St. Mary’s Law School.
She has been listed as — she has been brought here as an expert witness on matters of law. Her only expertise is in the area of law. And I would ask the Court to be cognizant of the law in Texas at this time, and bring the Court’s attention to Adams versus Bergel, which is a San Antonio case in 1945, where it is clearly stated that matters of law are not proper subjects of expert opinion.
In this particular case, which has been followed up to the present day, the Court made the point in here that when — and I will read verbatim. The theory is that whenever inferences and conclusions can be drawn by the jury as well as by the witness, the witness is superfluous.
And what counsel on the other side is saying is that they are going to bring this witness up here to testify as to whether or not the language is defamatory. And, further, here an expert’s opinion is received because and whenever his skill is greater to the jury — greater than the jury’s.
In this matter, Barbara Aldave’s skills are not greater than the jury’s in determining the meaning of the English language. All jurors can speak the English language. Even if she was a fact witness, all witnesses have testified about the language, and we would object on the ground that the testimony is superfluous, and it’s redundant, and it’s just going to waste the Court’s time.
In this particular case, the matter of law is does the language meet the threshold test. The Court has already ruled whether or not the language meets the threshold test.
Other cases in this talk about — and under Rule 704, in here there is a question— and this is the case, the 1992 case, Corpus Christi, Puente versus Saenz. And this had to do with a duty in a negligence case. And they brought in an expert and said that the company owed a duty, a sign company owed a duty to the plaintiff.
And the Court said that whether a duty exists is a question of law for the Court to decide from the facts surrounding the evidence. Expert opinion was not necessary in this case. And, again, it would be superfluous to have an expert opinion there.
Although' — and I will read from the headnote in this case, although expert opinion may testify to ultimate issues that are mixed questions of law and fact, experts may not give opinions or state legal conclusions regarding questions of law.
This is clearly a question of law whether or not the threshold test is met. If the Court allows Professor Aldave to testify, Professor Aldave is, obviously, — there is no question about it that she is an expert in law. What other reason would she be up here?
She has no knowledge of any of the facts in this case. She has not been involved in [717]*717any of the meetings. She has not been involved in any of the meetings to take away the Helping Hands funding. She hasn’t been involved in any of the decisions in the fiscal year ’90, ’91 or ’92.
Any of her testimony in this case is absolutely irrelevant and has nothing to do with the issues in the case. And we would very strenuously object, Your Honor. And this case is, again,- — I mean, there are numerous. Lopez versus City Towing Associates, another San Antonio case, 1988. When the jury is equally competent to form an opinion regarding the ultimate fact issues, there is no abuse of discretion in the exclusion of the expert’s testimony.
Another worker’s comp case, an issue of whether employee was fired because he filed a worker’s compensation claim was not the type of question for which expert testimony was required. And it was error to admit the testimony of an attorney to that effect.
The cases are legend [sic]. It is error, Your Honor. And I am looking at Story Services versus Ramirez, 1993, Court of Appeals of El Paso. It is error to admit opinion evidence on an issue where no specialized or technical knowledge is necessary.
I would hand these to the Court for review, and ask the Court to consider the law and the state of the law at this time and request that Barbara Aldave not be permitted to testify.
THE COURT: Hold on just a moment.
MR. FORD: Do you need a response? Rule 702 of the Texas — Bill Ford for the defendant.
THE COURT: For the record, we do.
MR. FORD: Rule 702, Texas Rules of Evidence, says, in essence, that an expert can be called to testify at any time if their knowledge will assist the trier of facts to understand the evidence or to determine a fact in issue.
The plaintiffs have opened the door by having numerous people testify as to whether or not the statements allegedly made or the document known in the case as the facts sheet is defamatory. They have asked every witness they have had up there.
We are entitled to put a witness up in response. As an expert, she can render an opinion as to whether or not that is defamatory. Whether or not that is injurious to one’s reputation. It’s not a question of law. It’s a question of fact. Is it defamatory or is it not? It’s the same question they have asked their witnesses, and we are entitled to respond to that.
The Court has made a threshold determination that it may rise to that level, otherwise, the Court would have granted your motion for directed verdict yesterday. So, we are not here talking about law issues. This witness will help the jury understand the factual perception of, is it defamatory, or is it not. Clearly, we are entitled to do so.
It’s not superfluous, to use Mr. Pipoly’s word, because he has opened the door on all of these questions. As to her knowledge of the facts, she has been provided with the fact sheet, she has been provided with the statements that were made at the November meeting, doesn’t have to be in attendance at either one of those to have knowledge of those facts. She is clearly qualified to give an opinion.
THE COURT: It’s going to be dependent on how you ask your questions. You may proceed with her. And, more than likely, you will be getting that information from her. But if it goes into too much of something, then I’m probably going to sustain the objection just because he has had some folks testify the opposite way. I just want it to be made clear to the jurors that there are different opinions.
MR. PIPOLY: Well, the key here, Judge, is that we didn’t have expert testimony on the meaning of the language. We don’t need expert testimony to tell the jury what the meaning of the words are.
THE COURT: She would be testifying as a fact witness.
MR. PIPOLY: But that’s my point. She can’t testify as a fact witness because she has nothing to do — she is testifying as an expert. They are trying to tell you she [718]*718is testifying as a fact witness, but expert ■witnesses—
THE COURT: Only to counteract that testimony which was said by your witness.
MR. PIPOLY: But she wasn’t there. My witnesses were there, my witnesses all had knowledge, my witnesses were fact witnesses. She is not a fact witness, Judge. She’s an expert witness.
MR. FORD: The difference and what Mr. Pipoly is not seeing is he asked the witnesses and the Court allowed his witnesses to draw inferences and conclusions as to whether or not those statements were damaging or were defamatory. Those conclusions are exactly the same conclusions and opinion that we are entitled to express in rebuttal.
THE COURT: But you are only going to be able to do it in a limited way.
MR. PIPOLY: I would say extremely limited, Judge.
MR. FORD: We are going to be brief.
MR. PIPOLY: What they are doing is they are calling an expert, clearly they are calling an expert to rule on fact issues. Every one of my witnesses were involved in the operations, every one of my witnesses that talked about the fact sheet was involved in every single thing that was in that fact sheet and they could say it was false. She was not involved in that fact sheet. She doesn’t know when it came out, she had nothing to do with it. She is not an expert witness.
THE COURT: You are going to get to do that on cross examination.
MR. PIPOLY: I would hate to do that to the professor, I really would. I have got to represent my client.
******
The witness Aldave was then called to testify before the jury.
After giving the jury a brief background of her educational achievements, Aldave was asked about the length of her legal career and the following transpired:
[Aldave] A. About 29 years now, I believe.
Q. All right. And within those 29 years, have you had any focus or emphasis on areas of law that would pertain to libel or slander?
A. I have.
MR. PIPOLY: Your Honor, I’m going to object at this point. We have talked about this, the witness is only here as a fact witness and not an expert, and I believe going into all her legal background— this jury does not need to be told what words mean. They understand the English language. We don’t need a legal expert to talk about facts.
THE COURT: We have covered everything in our previous discussion. You may proceed, but in a limited way.
MR. FORD: We certainly plan to.
Q. Dean Aldave, you can answer the question. And the question to you is: Do you have any particular training or focus dealing in the area of libel or defamation?
MR. PIPOLY: Again, Your Honor, I am going to object.
THE COURT: Overruled.
A. Yes.
Q. Would you tell us what that particular training or emphasis might be?
A. For most of my career, I have taught federal constitutional law. And about six years before I began teaching, the United States Supreme Court began to impose first amendment limits on state defamation law. So, I learned more than I learned in law school about defamation law, in a sense, because of my teaching and research interest in constitutional law.
And then, more recently, I have served as a witness, was retained as a witness, I did not actually testify, in cases involving libel or slander.
Also, I am currently myself a defendant in a libel action, and I have learned a great deal about libel law in general and the scope of privileges, in particular, in the interest of asserting in my own defenses.
Q. Okay. You have been asked by me on behalf of my client, United Way, to render some opinions in this case, is that correct?
[719]*719A. That is correct.
Thereupon followed a discussion about the witness’ fee arrangement. An objection was lodged to this area of examination and the trial court sustained the objection.
The following then transpired:
Q. Dean Aldave, I have asked you to render opinions on a couple of matters involving defamation. Let me hand you what is marked as Plaintiffs Exhibit 27 and ask you: Haye you seen that before? We have provided that to you before, I believe?
A. Yes, I have.
Q. Okay. For the jury’s benefit, you have not been here to know this, but we are generally referring to that as the fact sheet. I will tell you, Dean, that that is a sheet that was prepared by United Way six or eight months after the defunding of Helping Hands. Have you had an opportunity prior to today to review that sheet? A. I have.
Q. In reviewing that sheet, have you formed any opinions as to whether or not there is any language in that sheet that would be considered defamatory?
A. I have formed an opinion.
Q. In reviewing that sheet, have you formed any opinions as to whether or not there is any language in that sheet that would be considered defamatory?
A. I have formed an opinion.
Q. And what is that opinion?
A. I think that the language in this fact sheet is not defamatory.
Q. And what do you base that opinion on?
A. The fact sheet focuses on Helping Hands Lifeline Foundation. I understand that to be a corporation. And the law indicates that corporations are not potential subjects of defamation.
MR. PIPOLY: Your Honor, I have got to object and ask the jury to disregard that last question. Matters of law, testimony on matters of law are clearly improper. And counsel was instructed on that before he began questioning this witness.
THE COURT: On fact questions, you may proceed.
MR. PIPOLY: He just asked the witness a legal question. Can I have an instruction from the Court for the jury to disregard?
THE COURT: The Court will give the jurors the legal instructions necessary when it comes to the charge. You may proceed.
Q. Dean, the second area that I would ask your opinions on deals with comments that were allegedly made at a meeting of November 20th, 1991. And I will represent to you that the testimony has been that those in attendance at the meeting were either representatives of United Way or representatives of Helping Hands.
Now, let me ask you: In your experience as a lawyer, do you have an opinion as to whether or not the statement or recollection of an individual is better closer to the event or further away from the event they are trying to recall?
MR. PIPOLY: I would object again, Your Honor. He is asking for opinions as a lawyer.
THE COURT: Overruled. Let’s proceed.
A. In fact, it is my opinion as a lawyer, a dean, and mother, and ordinary person, that recollections are much more accurate shortly after events occur than they are after a substantial passage of time.
Q. Let me hand you what has been marked as Defendant’s Exhibit 2, and ask you, have you seen this document before?
A. I have.
Q. Have you had a chance to review that document?
A. I have.
Q. And, for the sake of time, Dean, I think it’s the last paragraph there that the plaintiffs are complaining of. Does that document contain quotes allegedly attributed to Dick Brown of United Way?
A. It does.
Q. Is it a reasonable assumption — and let me further represent to you, Dean, that the statement, I believe there is a date on the second page, is June of 1992, which is [720]*720approximately six months after the defund-ing of Helping Hands took place, but prior to the filing of this lawsuit or the retention of counsel by Mrs. Mahl, is it reasonable to assume that the statements contained in Defendant’s Exhibit 2 are her best recollection of what occurred?
A. I am confident that they were.
Q. And, again, that’s based on your experience in the practice of law, and as a mother, and as a dean?
A. Among other things, yes.
Q. Do you have an opinion as to whether or not the statements she attributes to Mr. Brown as a quote in the last paragraph on page one of that document are defamatory?
A. My opinion is that they are not defamatory.
Q. And, again, Dean, I would ask you why you are of that opinion?
A. I think that any reasonable person would construe this simply to mean that putting people on the payroll would not change the basic character of the foundation, would not transform the foundation into a professional corporation.
Under Texas law, a witness may not give legal conclusions or interpret the law to the jury. Putente v. A.S.I. Signs, 821 S.W.2d 400, 402 (Tex.App. — Corpus Christi 1991, writ denied). But since November 23, 1982, when the Rules of Civil Evidence were adopted, Rule 704 has provided that testimony in the form of an opinion or inference, otherwise admissible, is not objectionable because it embraces an ultimate issue to be decided by the jury. Au expert may state an opinion on a mixed question of fact and law as long as the opinion is confined to the relevant issues and is based on proper legal concepts. Louder v. DeLeon, 754 S.W.2d 148, 149 (Tex.1988); Birchfield v. Texarkana Memorial Hosp., 747 S.W.2d 361, 365 (Tex. 1987).
Helping Hands does not now complain, nor did it complain at the trial level, that the opinion was not relevant3, nor that it was not based on proper legal concepts. See, e.g., EZ Mart Stores, Inc. v. Terry, 794 S.W.2d 63, 64-65 (Tex.App. — Texarkana 1990, writ denied); Harvey v. Culpepper, 801 S.W.2d 596, 601 (Tex.App. — Corpus Christi 1990, no writ).
The sole complaint by Helping Hands is that Aldave should not have been permitted to provide an expert opinion on the defamation issues because whether a statement is defamatory is solely a question for the trial court.4
As stated above, a witness may not give legal conclusions or interpret the law to the jury.5 Puente, 821 S.W.2d at 402. Matters of law must be decided and applied solely by the judge trying the case. Faulkner v. Thrapp, 616 S.W.2d 344, 348 (Tex.Civ.App.— Texarkana 1981, writ refd n.r.e.) (Cornelius, C.J., concurring).
But it has been recognized that traditional legal concepts, such as negligence and proximate cause, can be mixed questions of law and fact. Birchfield, 747 S.W.2d at 365. A mixed question of law and fact exists when an opinion is sought seeking to gauge a person or conduct against a standard or mea-
[721]*721sure fixed by law. Crum & Forster, Inc. v. Monsanto Co., 887 S.W.2d 103, 134 (Tex.App. — Texarkana 1994, no writ). Thus, to the extent that a witness discusses both the law and its application in the factual context of the case on trial, the testimony involves a mixed question of law and fact. Id. at 135.
In the instant case, the trial court was advised by United Way that it would offer Aldave’s testimony as it addressed a mixed question of law and fact. Although Helping Hands was given an opportunity to test the anticipated testimony outside the presence of the jury, no attempt was made to offer the trial court any guidance for her ruling. Instead, counsel for Helping Hands merely gave the trial court abstract argument on the law of expert witnesses.
During the course of Aldave’s testimony, it became apparent that the proffered testimony was nothing more than an attempt to offer testimony on a pure question of law.6 When the testimony actually developed in the presence of the jury, Helping Hands was required to make a timely and specific objection to the testimony as deviating from that represented to the trial court at the hearing on Helping Hands’ oral limine motion. Moreover, although Helping Hands sought to keep out Aldave’s entire testimony by apprising the trial court beforehand, it is noted that none of the objections lodged against the proffered testimony, when it developed, actually addressed the complaint now before this court.
At one point an objection was made as Aldave recounted her professional training. At another time an objection was made to the l’emark by Aldave that “corporations are not potential subjects of defamation.” Further still, another objection was made to a question inquiring into her experience as a lawyer relative to a witness’s ability to recall facts. At no time during examination of the witness did counsel for Helping Hands lodge an objection to the questions and answers now forming the basis of its complaint on appeal.7
Rule 103, Tex.R.Civ.Evid. provides in relevant part:
Civil Rule 103. Rulings on Evidence.
(a) Effect of erroneous ruling. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and
(1) Objection. In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context. When the court hears objections to offered evidence out of the presence of the jury and rules that such evidence be admitted, such objections shall be deemed to apply to such evidence when it is admitted before the jury without the necessity of repeating those objections.
(e) Hearing of jury. In jury eases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury, (emphasis added.)
Under Rule 103, it is not enough that a party complain about anticipated expert testimony. The party must go further and develop the anticipated testimony before the court, outside the jury’s presence, so that the trial court may, with some guidance, gauge [722]*722the evidence and intelligently rule on its admissibility, while exercising its broad sound discretion. In the absence of compliance with this procedure, the complaining party may not rely on its stated objections made out of the presence of the jury but must be ever vigilant and adhere to timely and specific objections when the opportunity demands it. Waldon v. City of Longview, 855 S.W.2d 875, 880 (Tex.App. — Tyler 1993, no writ).
In Texas Commerce Bank v. Lebco Constructors, 865 S.W.2d 68, 78 (Tex.App.— Corpus Christi 1993, writ denied), it was recognized that a premature objection is insufficient to preserve error, citing Farm Services, Inc. v. Gonzales, 756 S.W.2d 747, 750 (Tex.App. — Corpus Christi 1988, writ denied). More specifically, it was therein held that a premature interchange between the judge and attorneys at a pretrial hearing is not sufficient to preserve error concerning rulings to be made at a later time at trial, citing Barras v. Monsanto Co., 831 S.W.2d 859, 864 (Tex.App. — Houston [14th Dist.] 1992, writ denied).
Failure to make timely and specific objections results in waiver of the objections. Clark v. Trailways, Inc., 774 S.W.2d 644, 647 (Tex.1989), cert. denied, 493 U.S. 1074, 110 S.Ct. 1122, 107 L.Ed.2d 1028 (1990); Hartford Accident and Indem. Co. v. McCardell, 369 S.W.2d 331, 335 (Tex.1963); Srite v. Owens-Illinois, Inc., 870 S.W.2d 556, 565 (Tex. App.—Houston [1st Dist.] 1993), rev’d on other grounds, 897 S.W.2d 765; Texas Commerce Bank, 865 S.W.2d at 78; Freedman v. Briarcroft Property Owners, Inc., 776 S.W.2d 212, 217 (Tex.App.—Houston [14th Dist.] 1989, writ denied); Line Enterprises, Inc. v. Hooks & Matteson Enter. Inc., 659 S.W.2d 113 (Tex.App. — Amarillo 1983, no writ); Zamora v. Romero, 581 S.W.2d 742, 747 (Tex.Civ.App.—Corpus Christi 1979, ref'd n.r.e.); Beken v. Elstner, 503 S.W.2d 408, 410 (Tex.Civ.App. — Houston [14th Dist.] 1973, no writ); Guerra v. Texas Employers Ins. Ass’n, 343 S.W.2d 306, 308 (Tex.Civ.App.— San Antonio 1961, no writ); Street v. Masterson, 277 S.W. 407, 408 (Tex.Civ.App. — San Antonio 1925, writ dism’d).
In order to preserve the right to complain on appeal about the admission of testimony, Helping Hands was required to specifically object at the time the testimony was offered, with such clarity that the trial court might understand the precise nature of the objection.8 See Missouri Pac. R. Co. v. Brown, 862 S.W.2d 636, 638 (Tex.App. — Tyler 1993, writ denied).
In the absence of tendered evidence from which the trial court might intelligently rule on anticipated testimony, there is no conceivable way that the trial court could abuse its discretion in permitting Aldave to testify. The majority opinion has placed an erroneous burden on the trial court to conduct Helping Hands’ trial tactics.
The burden was on Helping Hands to develop the transaction and affirmatively show abuse of discretion. In other words, the presumption is that the action of the trial court was just and proper, unless there is some testimony showing to the contrary. Finley v. Finley, 410 S.W.2d 818 (Tex.Civ. App.—Tyler 1966, writ ref'd n.r.e.).
In my opinion, Helping Hands did not preserve any complaint it might have had to Aldave’s testimony, nor has it discharged its burden of showing a clear abuse of discretion on the part of the trial court. I would overrule Helping Hands’ cross point, reform the judgment to award Helping Hands $11,885.00 and otherwise affirm.