State v. McColery, 297 Neb. 53

Scott McColery was charged with strangulation, initially appointed a public defender, later retained private counsel; bond was set at $50,000.
On October 5, 2015, McColery posted a $5,000 appearance bond and on October 30 assigned the bond to his attorney for legal fees.
On November 18, 2015, the State filed an affidavit of lien for overdue child support showing McColery owed over $18,000.
After conviction, McColery moved to release the $5,000 bond to his attorney; the district court overruled the motion on October 20, 2016.
McColery appealed the order overruling his motion to release funds; the central question became whether the order was a final, appealable order.

Issue	McColery's Argument	State's Argument	Held
Whether the district court's order overruling release of bond funds is a final, appealable order	The order denying release affects his right to have funds paid to his attorney and is appealable	The order does not affect a substantial right because it does not determine any party’s entitlement to the funds	The order is not final or appealable; appeal dismissed as premature

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