concurring in result.
The court on this date has ordered publication of a Memorandum Decision heretofore issued December 12, 1990. I now deem it necessary to express in writing and by separate opinion the reasons for my concurrence in result.
The majority opinion couches the issue in terms of a transfer for improper venue. I believe this to be a misnomer. The fact that there may be a preferred venue different from the county of original filing does not mean that the original venue was or is improper. I do agree that in the instant case it was error for the Orange Circuit Court to deny the transfer of venue to Marion County.
I would add one further caveat. While I agree that the party compelled by transfer to refile in a different venue must pay the costs of such refiling, I do not agree that in every transfer the refiling party should be required to pay mileage expenses for the adverse party.
*769Subject to these comments, I- concur in the opinion of the majority.