The El Paso Court of Appeals reminds us that Tex. R. Evid. 1004 is an "or" rule: Parol evidence is not admissible unless it falls within one of Rule 1004's exceptions. At trial, husband objected based on (e) (the prenuptial agreement certainly did relate to a controlling issue) but he did not object based on (a) (all originals lost or destroyed). Because "the complaint on appeal must match the complaint raised in the trial court," husband lost this issue on appeal. Jurek v. Couch-Jurek, 296 S.W.3d 864 (Tex. App. - El Paso 2009).

Courtesy of Verner & Brumley, P.C. Dallas, Texas

Tags: parol evidence