In Haddock v. Quinn, 287 S.W.3d 158 (Tex. App.--Fort Worth 2009, orig. proceeding), the appellant contended that waiver did not occur because the prior suit he brought concerned a severance agreement and the claim he wished to arbitrate concerned a different contract, the partnership agreement. Id. at 177.
The appellate court held that both the prior suit and the arbitration demand arose from the limited partnership agreement. Only after Haddock suffered an adverse ruling in the suit did he turn to arbitration. Id. at 178.
The court ultimately concluded that by pursuing the prior suit Haddock invoked the judicial process. Id. at 179.
Ultimately, the court opined:
"failing to seek arbitration until after proceeding in litigation to an adverse result is the clearest form of inconsistent litigation conduct and is inevitably found to constitute substantial invocation of the litigation process resulting in waiver." Id. at 180.
Haddock substantially invoked the litigation process and waived his right to arbitration. Id.