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Turbomeca11/2/2005
v. Caterpillar Tractor Co., 623 P. 2d 324, 330 (Alaska 1981)). This case doesn't present any facts that would persuade us to depart from these well-reasoned precedents. We therefore reverse and vacate that portion of the final judgment that awards damages for the loss of the helicopter. In all other respects, we affirm the final judgment.
As to the costs judgment, Turbomeca asserts that trial court erred as a matter of law in awarding arbitration costs to French Aircraft where neither the parties' stipulation nor the arbitration award provided for a costs award. We agree.
Pursuant to section 682.11, Florida Statutes (2002), the trial court was not authorized to award costs. That section provides that expenses incurred in conducting an arbitration proceeding shall be paid as provided in the arbitration award. Courts have interpreted this provision as depriving courts of jurisdiction to award these costs to parties when they are not awarded in arbitration. Zac Smith & Co. v. Moonspinner Condo. Ass'n, Inc., 534 So. 2d 739, 741 (Fla. 1st DCA 1988)("costs related to an arbitration are to be awarded, if at all, by an arbitration panel and not by a court"); McDaniel v. Berhalter, 405 So. 2d 1027 (Fla. 4th DCA 1981)(trial court improperly added costs of the arbitration to the arbitrator's award). See Rock v. Prairie Bldg. Solutions, Inc., 854 So. 2d 722 (Fla. 2d DCA 2003)(court properly refused to modify arbitrator's award as to costs). As the arbitration award did not include costs, the court should not have awarded same.
Based on the foregoing, we conclude as a matter of law that the economic loss rule bars French Aircraft's recovery for the loss of the helicopter under a negligence theory. Additionally, the cost judgment is reversed.
Remaining points lack merit.
Affirmed in part, reversed in part.
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