at 89; Loudermilk, 208 S.W.3d at 703. Whether waiver occurs depends on the individual facts and circumstances of each case. Loudermilk, 208 S.W.3d at 703; Williams Indus., Inc. v. Earth Dev. Sys. Corp., 110 S.W.3d 131, 135 (Tex.App.-Houston [1st Dist.] 2003, no pet.). A party does not waive arbitration merely by delay; instead, the party urging waiver must establish that any delay resulted in prejudice. Prudential Sec. Inc., 909 S.W.2d at 898; Loudermilk, 208 S.W.3d at 703. A court may find waiver only when (1) the party seeking arbitration has substantially invoked the judicial process and (2) the party opposing arbitration suffers actual prejudice as a result. Bruce Terminix Co., 8 L.Ed.2d 493 (1990); Miller Brewing Co. v. Fort Worth Distrib. Co., 781 F.2d 494, 497-98 (5th Cir.1986) (<HOLDING>); see also In re Serv. Corp. Int’l, 85 S.W.3d
holding that party waived arbitration by participating in trial that ended in mistrial holding that party waived public policy challenge by failing to raise it during arbitration holding that party waived arbitration by filing multiple lawsuits holding that state waived its immunity by filing proofs of claim holding that the party demanding arbitration had waived its right to arbitrate by filing eight months earlier a complaint against the other party to the arbitration agreement