State v. McColery, 297 Neb. 53

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 private attorney for legal services.
The State filed an affidavit of lien for overdue child support showing McColery owed over $18,000.
McColery moved to release the bond funds to his attorney after his conviction; the district court overruled the motion and kept the funds in court.
McColery appealed the district court’s order overruling his motion to release the funds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the order overruling McColery’s motion to release bond funds is a final, appealable order	McColery: the court erred in denying release to his attorney; he seeks immediate review	State: the order does not affect a substantial right because it does not determine entitlement to the funds	The order is not final or appealable because it does not affect a substantial right; appeal dismissed as premature

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