Bolo Corp. v. Homes & Son Constr. Co
In Bolo Corp. v. Homes & Son Constr. Co., 105 Ariz. 343, 345, 464 P.2d 788, 790 (1970), the Arizona Supreme Court held a party had waived by its conduct the right to arbitrate by filing a lawsuit in which it requested the same kind of relief it could have gained from arbitration. 105 Ariz. at 346-47, 464 P.2d at 791-92. Therein, the court suggested the filing of an answer under the same circumstances without asserting the right to arbitrate also would result in waiver of the arbitration agreement. See id. at 346, 464 P.2d at 791.