He's flailing like an idiot and acting oddly unlike someone who just completely won his case, even though that's actually what happened and even an appeal of a crackhead decision like this is uncertain at best. He's desperately trying to get Chumpp to throw out the Second Amended Complaint even though the appeals court is not bound in the least by it even if it is stricken, since appeal of that will be de novo as well.
Chumpp said on the record he was considering it, or at least led everyone present to believe that, and then changed his mind in writing. Obviously if he'd said he wasn't, Ty would have argued the issue instead of being misled by the judge into believing the contrary.