He is - but there are a couple 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. Myers and Ms. Smith), 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 Mr. Myers proceed?

• Yes, let's appeal.