Just to clarify, there was no damage to the apartment and there was never any argument over damage to the apartment. The landlord stated via email that she was retaining the entire security deposit as unpaid rent.
So if she was ordered to return the security deposit which she had retained as unpaid rent, does that not mean that the issue of unpaid rent was decided, even though, through no fault of mine, her non-appearance at the first hearing meant that she did not get to make her case? Also, I should point out that, as I noted back in June in this forum, the judge pro tem actually allowed her to state her case, not only her argument about why the motion to vacate should not have been denied, and he still denied the appeal.
My worry is that if we go back to court and argue the case on the merits (as I was fully prepared to do before she didn't show up!), and she doesn't like the outcome (again), then she'll definitely appeal (again) and I will have ended up in court at least 5 times over this. I feel like I should be entitled to some sort of damages at that point, or at least compensation for work time lost, if not more.