concurring specially:
The Court does not address one of the issues raised on appeal. That issue is whether or not the trial court abused its discretion in concluding that neither party was the prevailing party and therefore refusing the award of attorney fees under I.C. § 12-120 to either party. The trial court balanced the result reached on the various claims made by each party and concluded that neither party was the prevailing party as that phrase is defined in I.R.C.P. 54(d)(1)(B). The rule specifically gives the trial court that discretion, and *521presumably the entire Court agrees that there was no abuse of discretion since the Court is affirming the trial court’s judgment entered on the jury’s verdict.