in a lawsuit without first seeking arbitration, constitutes an affirmative selection of a course of action which runs counter to the purpose of arbitration.” Beverly Hills Dev. Corp. v. George Wimpey of Florida, Inc., 661 So.2d 969 (Fla. 5th DCA 1995) citing Rosen v. Shearson Lehman Bros., 534 So.2d 1185 (Fla. 3d DCA 1988), rev. denied, 544 So.2d 200 (Fla.1989). Here, the Bank filed the complaint initiating the civil action even though the contract between the parties compelled arbitration of “[a]ll controversies, claims, and other matters in question,” except disputes related to entitlement to deposits. It did so without simultaneously moving to request a stay and an order compelling arbitration. See Frontage Road Partners, LLC v. McMullen, 934 So.2d 629 (Fla. 2d DCA 2006) (<HOLDING>); Bonner v. RCC Assoc., Inc., 679 So.2d 794
holding that a party that engages in protracted litigation waives his right to arbitrate when an order compelling arbitration would result in prejudice to the party opposing arbitration holding that under orcp 3 lis pendens attaches upon the filing of a complaint because the action is pending holding plaintiff waived right to arbitration by not simultaneously requesting a stay and an order of arbitration at the time of the complaint holding that action of filing a complaint and notice of lis pendens based on a contract without simultaneously requesting a stay and an order compelling arbitration waives that partys contractual right to arbitrate holding that a complaint which will not support a claim against the specific property at issue cannot provide a basis for tying it up by a filing of notice of lis pendens