State v. McColery, 297 Neb. 53

Scott McColery posted a $5,000 appearance bond in a criminal case; he later assigned the bond to his 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 (arrears > $18,000).
McColery moved to release the bond funds to his attorney; the district court overruled the motion and ordered the funds held by the court.
The district court did not adjudicate the competing claims to the funds (it did not grant them to the attorney or to the State).
McColery appealed the order overruling his motion to release the funds; the Nebraska Supreme Court considered whether the order was a final, appealable order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court order overruling release of bond funds is a final, appealable order	McColery: the denial of release to his attorney is reviewable now	State: the order does not affect a substantial right because it neither awards nor disposes of the funds	Court: 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 (discusses what constitutes affecting a substantial right)
Sutton v. Killham, 285 Neb. 1 (procedural finality principles)
Carlos H. v. Lindsay M., 283 Neb. 1004 (final order jurisprudence)
Pearce v. Mutual of Omaha Ins. Co., 293 Neb. 277 (definition of substantial right in appealability context)
Cattle Nat. Bank & Trust Co. v. Watson, 293 Neb. 943 (orders affecting subject matter and claims)