Chief Financial Officer Jeff Atwater will have to answer questions under oath in a lawsuit filed by the owner of a Tallahassee art gallery that was never paid for framed photographs valued at more than $357,000 for the new 1st District Court of Appeal.
Attorneys for Atwater asked Leon Circuit Judge Charles A. Francis to prohibit lawyers for Signature Art Gallery and Peter R Brown Construction Co. of Clearwater from questioning Atwater saying he is a constitutional officer who cannot be forced to testify. But Francis ruled he must testify.
Michael H. Davidson, lawyer for Atwater, indicated he will appeal the judge’s decision and seek a delay in any attempt to question Atwater.
A three-day nonjury trial is scheduled to begin Dec. 17.