A judge Tuesday afternoon dismissed a case against a Hillsville kennel owner whose 63 dogs were seized last month from what state police deemed “deplorable” conditions.

Retired Judge Thomas Frith Jr. tossed out the civil case against David Winesett because it was not held within 10 days of the dogs' seizure, according to Carroll County General District Court clerk Donna Webb.

The purpose of the case was to determine ownership and placement of the dogs, which have been in the care of Angels of Assisi, a Roanoke shelter, since November 15.

Winesett, a former animal control officer, has denied any wrongdoing.

It is unclear whether the dogs will be returned to Winesett because neither he or Carroll County Commonwealth Attorney Gregory Goad could be reached immediately for comment.