The 63 dogs seized in November from a Hillsville kennel will remain in the state’s care until an appeal is heard in Carroll County Circuit Court.

It is unclear this morning exactly when the case will be held.

A general district court judge dismissed a civil case last week against kennel owner David Winesett, a former animal control officer, on a technicality: The hearing, which would have determined ownership and placement of the dogs, was not heard within 10 business days of the seizure.

Last week it appeared Winesett’s dogs would have to be returned to his custody unless an appeal or criminal charges were filed. At that time, Gregory Goad, Carroll County Commonwealth’s Attorney, said it had not been determined if Winesett would face criminal charges.

An announcement of the appeal came today: "On behalf of the Virginia Department of State Police, we have filed a notice of appeal with the [Carroll County] General District Court. By agreement of counsel, the dogs will remain in the custody of the Commonwealth pending this appeal to the Circuit Court," said Tucker Martin, a spokesman for the state Attorney General’s Office.

The Yorkshire terriers, dachshunds, poodles, Boston terriers and schnauzers were seized from what state police called “deplorable” conditions. When the dogs arrived at the Angels of Assisi Roanoke shelter, they were treated for damaged nails, decayed teeth, infected ears and paws and other injuries -- the likely result of living in cramped and dirty quarters, according to reports from those involved.

Winesett, who has said he did nothing improper and wants his dogs back, was once the chief dog warden in Carroll County.