MEMORANDUM DECISION
ON REHEARING
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be FILED
regarded as precedent or cited before any May 02 2017, 5:47 am
court except for the purpose of
CLERK
establishing the defense of res judicata, Indiana Supreme Court
Court of Appeals
collateral estoppel, or the law of the case. and Tax Court
ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEES
Kristen E. Prinz Robert A. Anderson
Chicago, Illinois Shannon L. Noder
Merrillville, Indiana
Bryan Bullock
Merrillville, Indiana Libby Yin Goodknight
Indianapolis, Indiana
Jacqueline Sells Homann
South Bend, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Sheila Manhas, M.D., May 2, 2017
Appellant-Plaintiff, Court of Appeals Case No.
45A05-1602-CT-328
v. Appeal from the Lake Superior
Court
Franciscan Hammond Clinic, The Honorable John Sedia, Judge
LLC, Hammond Clinic, LLC, Trial Court Cause No.
and Deepak Majmudar, M.D., 45D01-1311-CT-216
Individually,
Appellees-Defendants
Court of Appeals of Indiana |Memorandum Decision on Rehearing 45A05-1602-CT-328 | May 2, 2017
Page 1 of 2
Altice, Judge.
[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.
Riley, J. and Crone, J., concur.
Court of Appeals of Indiana |Memorandum Decision on Rehearing 45A05-1602-CT-328 | May 2, 2017
Page 2 of 2