In Griffith v. Linton (1998), 130 Ohio App.3d 746, 721 N.E.2d 146, this court found that merely filing by a defendant of a motion for summary judgment would constitute waiver of a subsequently invoked arbitration agreement. Clearly, filing a complaint in derogation of an arbitration agreement as happened here constitutes a far more affirmative disavowal of the contractual right to arbitrate. " 'Active participation in a lawsuit evincing an acquiescence to proceeding in a judicial rather than an arbitration forum' has been found to support a finding of waiver." Griffith, at 752, quoting Envirex, Inc. v. K.H. Schussler Fur Umwelttechnik GMBH (E.D.Wis.1993), 832 F. Supp. 1293, 1295. If mere defense through filing an answer or motion for summary judgment is sufficient, then we are compelled to find that by actively pursuing litigation in lieu of arbitration by filing a complaint to enforce its contractual rights under the note, Citifinancial has waived its own arbitration clause.