State v. McColery, 297 Neb. 53

Scott McColery was charged with strangulation and bond was set at $50,000; he posted a $5,000 appearance bond.
McColery assigned the $5,000 bond to his private attorney for legal fees.
The State filed an affidavit of lien claiming the bond funds were subject to garnishment for McColery’s overdue child support (over $18,000 owed).
McColery moved to release the bond funds to his attorney; the district court overruled the motion and kept the funds in court.
McColery appealed the overruling; the State argued the order was not final and did not affect a substantial right.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court's order overruling McColery's motion to release bond funds is a final, appealable order	McColery argued the court erred in denying release to his attorney and appealed that ruling	State argued the order did not affect a substantial right or resolve ownership and therefore is not a final appealable order	Court held the order is not final/appealable because it did not determine rights to the funds and merely held them in court; appeal dismissed

Big John’s Billiards v. State, 283 Neb. 496, 811 N.W.2d 205 (discusses what constitutes an order that affects a substantial right)
Sutton v. Killham, 285 Neb. 1, 825 N.W.2d 188 (scope of final order/finality principles)
Carlos H. v. Lindsay M., 283 Neb. 1004, 815 N.W.2d 168 (final order standards in special proceedings)
Pearce v. Mutual of Omaha Ins. Co., 293 Neb. 277, 876 N.W.2d 899 (analysis of substantial-rights requirement)
Cattle Nat. Bank & Trust Co. v. Watson, 293 Neb. 943, 880 N.W.2d 906 (clarifies when an order diminishes a claim or defense)