at 135. Here, appellant not only waited over two years after appellee’s first petition was filed to request arbitration, she filed numerous motions to dismiss, a counterclaim, and oppositions to summary judgment in the two years of litigation. Only after the trial court rendered summary judgment against her did she assert her right to arbitration. By the time appellant finally requested arbitration of the dispute, appellee and appellee’s counsel had already prepared and filed several of their own motions and responded to appellant’s motions to dismiss and counterclaim, and appellee had received a favorable ruling from the trial court on its motion for summary judgment. See Marble Slab Creamery, Inc. v. Wesic, Inc., 823 S.W.2d 436, 439 (Tex.App.-Houston [14th Dist.] 1992, no writ) (<HOLDING>). Under these circumstances, we hold that
holding in response to argument that no evidence was presented during trial proving existence of court orders specifically establishing actions necessary to obtain return of child that this court has consistently held we may presume the trial court took judicial notice of the record without any request being made and without any announcement that it has done so holding that appellate court may presume trial court took judicial no tice of its own record and that trial court record in that case supported prejudice element holding that trial court has no duty to establish waiver on record holding that in absence of reporters record or compliance with rule 346c appellate court would presume evidence adduced at trial supported trial courts judgment holding that the appellate court may take judicial notice of its own records in related proceedings