He can! But there are a couple of things to keep in mind:
1. Appeals can be costly, both in terms of time and money. He has to decide if it's worth it to try.
2. In an appeal, there's no new evidence presented - just the record, briefs (which include the written arguments of both Mr. Johnson and Ms. Miller), and oral arguments by the attorneys.
3. There's no guarantee that the decision will be any different - the appellate court may well decide to uphold the circuit court's decision.
Should Mike proceed?