I'm not an attorney but I don't believe you can appeal a mistrial since no decision for either the Plantiff or the Defense was rendered. Believe it has to be tried again.
IMO Dave ware would be better of having only a judge or judges hear his pleas rather than trying it before a jury. With the ap animosity going on about TM situation in Florida, I just don't believe some people can be objective and meet their responsibility as a juror due to emotions..