concurring specially. I concur in the judgment affirming the trial court, but as to Division 5 of the majority opinion, I concur specially. This is another instance of depriving a plaintiff’s attorney of attorney fees, and I believe a re-examination of this entire area of practice is in order. I favor the allowance of attorney fees in proper cases, and yet it becomes increasingly difficult to give effect to same. Perhaps the General Assembly should spell out those instances when a litigant is entitled to attorney fees in unmistakable language, so they may not be taken away from an attorney by the court, as is now the prevailing practice.