State v. McColery, 297 Neb. 53

Scott McColery posted a $5,000 appearance bond in a criminal case; he subsequently assigned the bond to his attorney for legal fees.
The State filed an affidavit of lien claiming the bond funds were subject to garnishment for McColery’s overdue child support (over $18,000 owed).
McColery was convicted; he then moved to release the $5,000 bond funds to his attorney.
The district court denied (overruled) the motion and ordered the funds held in court pending resolution.
McColery appealed the district court’s order denying release of the funds to his attorney.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the order denying release of bond funds is a final, appealable order	McColery: order denying release harms his right to obtain the funds and is appealable	State: order merely holds funds and does not affect any party’s substantive rights, so not appealable	The order is not final; appeal dismissed as premature

Big John’s Billiards v. State, 283 Neb. 496, 811 N.W.2d 205 (2012) (discusses when an order affects a substantial right for appealability)
Sutton v. Killham, 285 Neb. 1, 825 N.W.2d 188 (2013) (appealability principles)
Carlos H. v. Lindsay M., 283 Neb. 1004, 815 N.W.2d 168 (2012) (appealability analysis)
Pearce v. Mutual of Omaha Ins. Co., 293 Neb. 277, 876 N.W.2d 899 (2016) (final order and substantial-right discussion)
Cattle Nat. Bank & Trust Co. v. Watson, 293 Neb. 943, 880 N.W.2d 906 (2016) (defines when an order affects a substantial right)