Sheila Manhas, M.D., Appellant-Plaintiff, v. LLC LLC

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Court of Appeals of Indiana.

Sheila Manhas, M.D., Appellant-Plaintiff, v. Franciscan Hammond Clinic, LLC, Hammond Clinic, LLC, and Deepak Majmudar, M.D., Individually, Appellees-Defendants

Court of Appeals Case No. 45A05-1602-CT-328

Decided: May 02, 2017

ATTORNEYS FOR APPELLANT, Kristen E. Prinz, Chicago, Illinois, Bryan Bullock, Merrillville, Indiana ATTORNEYS FOR APPELLEES, Robert A. Anderson, Shannon L. Noder, Merrillville, Indiana, Libby Yin Goodknight, Indianapolis, Indiana, Jacqueline Sells Homann, South Bend, Indiana

MEMORANDUM DECISION ON REHEARING

[1] Appellees Franciscan Hammond Clinic, LLC, and Deepak Majmudar, M.D., filed a petition for rehearing, in which Appellee Hammond Clinic joined, asking us to reconsider our memorandum decision issued on February 24, 2017. We grant the petition for rehearing for the limited purpose of correcting a citation error.

[2] In Paragraph 20 of our memorandum decision, this court set forth the proposition that “[a]s a matter of strict grammatical construction, the descriptive words in a phrase should, in the absence of punctuation, be referred to their nearest antecedent. ․” We, however, inadvertently attributed this quote to First Nat'l Bank of Peoria v. Farmers' & Merchants' Nat'l Bank of Wabash, 171 Ind. 323, 86 N.E.417, 423 (1908), when in fact, the precise quotation was taken from FLM, LLC v. Cincinnati Ins. Co., 973 N.E.2d 1167, 1176 (Ind. Ct. App. 2012) (citing First Nat'l Bank of Peoria, 171 N.E.2d 323, 86 N.E. at 423). First Nat'l Bank of Peoria states the principle as follows: “As a matter of strict grammatical construction, the descriptive words in the latter part of the phrase should, in the absence of punctuation, be referred to their last antecedent.” 86 N.E. at 423 (emphasis supplied). We hereby grant rehearing to correct this citation error. Our opinion is hereby affirmed in all other respects.

Altice, Judge.

Riley, J. and Crone, J., concur.