concurring specially.
I agree with the majority holding because the issue of bad faith was not raised in the proceedings below. A general claim for attorney’s fees does not per se constitute an allegation of bad faith. I would point out, however, that general testimony may constitute competent substantial evidence supporting or refuting an allegation of bad faith when it is specifically raised. See Embry Riddle v. Vestal, 399 So.2d 1033 (Fla. 1st DCA 1981).