State v. McColery, 297 Neb. 53

Scott McColery posted a $5,000 appearance bond in a criminal case and subsequently executed an "Assignment of Bond" in favor of his private attorney for legal fees.
The State filed an affidavit of lien asserting garnishment of the bond funds for McColery’s overdue child support (roughly $18,000+ owed).
McColery moved to have the $5,000 released to his attorney; the district court overruled the motion and left the funds held by the court.
No garnishment proceedings had been initiated by the State at the time of the district court’s order.
McColery appealed the order overruling his motion; the Nebraska Supreme Court reviewed whether the order was final and appealable.

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 because it affects a substantial right	McColery: the court erred by refusing to release the funds to his attorney	State: the order does not affect any party’s substantive rights to the funds and is therefore not final; appeal is premature	The order is not final or appealable because it does not determine parties’ rights to the funds or diminish any claim; appeal dismissed

Big John’s Billiards v. State, 283 Neb. 496 (definition of when an order affects a substantial right)
Sutton v. Killham, 285 Neb. 1 (finality principles under Neb. Rev. Stat. § 25-1902)
Carlos H. v. Lindsay M., 283 Neb. 1004 (final order analysis)
Pearce v. Mutual of Omaha Ins. Co., 293 Neb. 277 (what constitutes affecting a substantial right)
Cattle Nat. Bank & Trust Co. v. Watson, 293 Neb. 943 (substantial-right and appealability guidance)