With no explanation, chose the best option from "A", "B", "C" or "D". 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

A: holding that party waived arbitration by participating in trial that ended in mistrial
B: holding that state waived its immunity by filing proofs of claim
C: holding that party waived public policy challenge by failing to raise it during arbitration
D: holding that party waived arbitration by filing multiple lawsuits
D.