State v. McColery
297 Neb. 53
| Neb. | 2017Background
- Scott McColery posted a $5,000 appearance bond in a criminal case and executed an “Assignment of Bond” to his private attorney for legal services.
- The State filed an affidavit of lien for overdue child support showing McColery owed over $18,000.
- McColery moved the district court to release the $5,000 bond funds to his attorney.
- The district court denied (overruled) the motion and continued to hold the funds.
- McColery appealed the denial to the Nebraska Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the order denying release of bond funds is a final, appealable order | McColery: denial of release is appealable and wrongly prevents attorney from receiving assigned funds | State: order is not final because it does not determine rights to the funds and merely preserves them pending possible garnishment | Denied review — order is not final; appeal dismissed as premature |
Key Cases Cited
- Big John’s Billiards v. State, 283 Neb. 496 (2012) (defines when an order affects a substantial right for appealability)
- Sutton v. Killham, 285 Neb. 1 (2013) (discusses requirements for final, appealable orders)
- Carlos H. v. Lindsay M., 283 Neb. 1004 (2012) (addresses appealability standards)
- Pearce v. Mutual of Omaha Ins. Co., 293 Neb. 277 (2016) (clarifies substantial-right test)
- Cattle Nat. Bank & Trust Co. v. Watson, 293 Neb. 943 (2016) (explains what constitutes affecting the subject matter of litigation)