A spokesman for the state attorney general's office said Wednesday that David Winesett can have his dogs back, at least for now.

More than 60 dogs were seized upon a search warrant issued by state police 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 after the seizure of the animals. Because of last week's holiday-related government 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 dogs was held on the 11th 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 still is yet to be determined whether Winesett, who was once the chief dog warden in Carroll County, will face any criminal charges, the Commonwealth's Attorney Gregory Goad said.

Winesett nor his attorney, Del. Terry Kilgore, R-Scott County, returned phone messages Wednesday.

Winesett had said he wanted his dogs back and that he had done nothing improper.