Read the following excerpt from a US court opinion:
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CTL/Thompson Texas, LLC v. Starwood Homeowner’s Ass’n, Inc., 390 S.W.3d 299, 301 (Tex.2013). Here, in both his answer and in discovery, Frazier admitted that the HVAC design was faulty, thus giving merit to plaintiffs claims. Frazier’s, own admissions lend support to plaintiffs claims that negligence occurred in the construction of the HVAC system, and granting a motion to dismiss in this case would defeat the purpose of this statute. In light of this, we conclude that Frazier “substantially invoked the judicial process,” Murphy, 374 S.W.3d at 631, and thus waived his right to a certificate of merit. The dissent focuses on Texas cases that, emphasize the quantity of activity in a case rather , than the substance of activity. See, e.g., Crosstex Energy Services, 430 S.W.3d at 394-95 . The dissent claims that “the majority
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What is the most suitable continuation to the opinion? Your options are:
A. holding that an appeal waiver is valid when it is entered into knowingly and voluntarily
B. holding that plaintiff may be entitled to prevailing party status where the mediation agreement entered into by the parties was read into the record before a hearing officer
C. holding that a stipulation properly entered into the record where there is a clear understanding of the finality of that agreement is an effective and enforceable settlement notwithstanding that it is subject to reduction to a written document
D. holding that as a matter of contract no party can be forced to arbitrate unless that party has entered into an agreement to do so
E. holding that no waiver existed where a party filed an answer exchanged 11000 pages of written discovery and entered into a rule 11 agreement among other actions
Reply with [A, B, C, D, E] only.