State v. McColery, 297 Neb. 53

Scott McColery posted a $5,000 appearance bond in a criminal case and subsequently assigned the bond to his private attorney for legal fees.
The State filed an affidavit of lien asserting the bond funds were subject to garnishment for McColery’s overdue child support (over $18,000 due).
McColery moved in district court for release of the bond funds to his attorney; the court overruled the motion and ordered the funds held by the court.
The district court did not adjudicate ownership between McColery/attorney and the State, nor did the State commence garnishment proceedings at the time.
McColery appealed the denial of his motion to release funds to counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the order denying release of the bond funds is a final, appealable order	McColery: denial impairs his right to the assigned funds and is appealable now	State: the order does not affect any party’s substantive rights and is not final	The order is not final or appealable because it does not affect a substantial right; appeal dismissed

Big John's Billiards v. State, 283 Neb. 496, 811 N.W.2d 205 (discusses what constitutes an order affecting a substantial right)
Sutton v. Killham, 285 Neb. 1, 825 N.W.2d 188 (finality principles for appealability)
Carlos H. v. Lindsay M., 283 Neb. 1004, 815 N.W.2d 168 (final order analysis)
Pearce v. Mutual of Omaha Ins. Co., 293 Neb. 277, 876 N.W.2d 899 (definition of substantial right)
Cattle Nat. Bank & Trust Co. v. Watson, 293 Neb. 943, 880 N.W.2d 906 (order affecting substantial rights test)