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Hello there --
You have to ask the magistrate to issue a stay on the eviction order until after the hearing in front of the judge. There should not be any problems with getting such an order so long as you file the bond. However, if the next hearing results in an eviction order then it gets more difficult to appeal after that because you are looking at filing in an appeals court. So, once you file the bond you then simply wait for the next hearing and see what happens there. Unfortunately, it is very difficult to get the judges to look at anything from tenants other than safety or sanitary issues and your claim is "misappropriation of funds" -- was he taking the rent and not given you credit for it?