Richmont Holdings, Inc. v. Superior Recharge Systems, L.L.C.

In holding that petitioner waived arbitration by substantially invoking the judicial process, the court of appeals, 453 S.W.3d443 (Tex.App.-Fort Worth 2013), misapplied our decision in Perry Homes v. Cull, 258 S.W.3d 580 (Tex. 2008). Accordingly, we reverse the court of appeals’ judgment and remand the case to the trial court. Tex. Gov’t Code § 22.225(b)(3), (c).

“We have said on many occasions that a party waives an arbitration clause by substantially invoking the judicial pro*575cess to the other party’s detriment or prejudice,” but “[d]ue to the strong presumption against waiver of arbitration,…