State v. McColery
297 Neb. 53
| Neb. | 2017Background
- Scott McColery was charged with strangulation; bond set at $50,000 and he posted a $5,000 appearance bond.
- McColery assigned the $5,000 bond to his attorney for legal fees.
- The State filed an affidavit of lien for overdue child support showing McColery owed > $18,000.
- McColery moved to release the bond funds to his attorney after his conviction; the district court denied the motion and held the funds in court.
- The State had not yet initiated garnishment proceedings against the bond funds when the denial occurred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court's order denying release of bond funds is a final, appealable order | McColery: denial prevents release to his attorney and should be immediately appealable | State: order does not affect substantial rights because it neither awards nor disposes of the funds | Court: order is not final or appealable; appeal dismissed as premature |
Key Cases Cited
- Big John’s Billiards v. State, 283 Neb. 496, 811 N.W.2d 205 (discusses what constitutes affecting a substantial right)
- Sutton v. Killham, 285 Neb. 1, 825 N.W.2d 188 (addresses finality standards under Neb. Rev. Stat. § 25-1902)
- Carlos H. v. Lindsay M., 283 Neb. 1004, 815 N.W.2d 168 (treatment of orders affecting substantial rights)
- Pearce v. Mutual of Omaha Ins. Co., 293 Neb. 277, 876 N.W.2d 899 (analysis of final order doctrine)
- Cattle Nat. Bank & Trust Co. v. Watson, 293 Neb. 943, 880 N.W.2d 906 (definition of affecting a substantial right)
