A spokesman for the state Attorney General’s office said this morning that David Winesett will get his dogs back.

More than 60 dogs were seized from Winesett’s Hillsville kennel last month and transported to Angels of Assisi in Roanoke to receive medical care and shelter.

A Carroll County judge dismissed a civil case against Winesett on Tuesday because the hearing was not held within 10 business days following the seizure of the animals. Due to last week’s holiday-related closings and the county general district court’s schedule to hear civil cases on Tuesdays only, the hearing to determine ownership and placement of the dog was held on the eleventh business day.

“Since the judge determined that due to the court’s own scheduling issues he could not hear the case within the statutorily required time, absent any further criminal or civil action, the dogs will be returned to the owner pursuant to Virginia Code,” said Tucker Martin, director of communications for the attorney general.

An appeal of the civil case is being considered, Martin said.

It is yet to be determined whether Winesett will face any criminal charges, Carroll County Commonwealth’s Attorney Gregory Goad has said.