State v. McColery, 297 Neb. 53

Scott McColery posted a $5,000 appearance bond after being charged with strangulation; bond was held by the court.
McColery executed an “Assignment of Bond” to his 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; the district court overruled the motion and left the funds in court.
McColery appealed the overruling order to the Nebraska Supreme Court, arguing the court erred as a matter of law in denying release.
The State had not yet initiated garnishment proceedings against the bond funds at the time of appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the order overruling McColery’s motion to release bond funds is a final, appealable order	The district court erred by denying release of the funds to his attorney (order is reviewable)	The order does not affect a substantial right because it neither adjudicates ownership nor disposes of the funds; thus it is not final	The order is not final or appealable; appeal dismissed as premature

Big John's Billiards v. State, 283 Neb. 496, 811 N.W.2d 205 (case on what constitutes a substantial right for appealability)
Sutton v. Killham, 285 Neb. 1, 825 N.W.2d 188 (discussing final order requirements)
Carlos H. v. Lindsay M., 283 Neb. 1004, 815 N.W.2d 168 (appealability principles in special proceedings)
Pearce v. Mutual of Omaha Ins. Co., 293 Neb. 277, 876 N.W.2d 899 (final order/appealability precedent)
Cattle Nat. Bank & Trust Co. v. Watson, 293 Neb. 943, 880 N.W.2d 906 (defining effect on substantial rights)