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State v. McColery

Supreme Court of Nebraska

June 23, 2017

State of Nebraska, appellee,
v.
Scott McColery, appellant.

         1. Judgments: Jurisdiction. A jurisdictional issue that does not involve a factual dispute presents a question of law.

         2. Judgments: Appeal and Error. An appellate court independently reviews questions of law decided by a lower court.

         3. Jurisdiction: Appeal and Error. Before reaching the legal issues presented for review, it is the duty of an appellate court to determine whether it has jurisdiction over the matter before it, irrespective of whether the issue is raised by the parties.

         4. Jurisdiction: Final Orders: Appeal and Error. For an appellate court to acquire jurisdiction of an appeal, there must be a final order entered by the court from which the appeal is taken.

         5. Final Orders: Appeal and Error. An order affects a substantial right if it affects the subject matter of the litigation, such as diminishing a claim or defense that was available to an appellant before the order from which an appeal is taken.

         Appeal from the District Court for Lancaster County: Lori A. Maret, Judge.

          Brett McArthur for appellant.

          Joe Kelly, Lancaster County Attorney, and Jason M. Cooper for appellee.

          Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, Kelch, and Funke, JJ.

         [297 Neb. 54]

          KELCH, J.

         NATURE OF CASE

         Scott McColery posted a $5, 000 appearance bond for a crime of which he was later convicted. After posting the bond, McColery assigned the bond funds to his attorney. The State then filed an affidavit of lien for overdue child support. After McColery was convicted, he filed a motion to ...


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