ALBANY, N.Y. -- Albany County District Attorney David Soares says he'll appeal a ruling made by a judge that delivers a serious blow to his high-profile steroid investigation.

Albany County Judge Steven Herrick has dismissed an indictment against five operators of Signature Pharmacy in Orlando, Florida.

Thursday's decision drops the indictment against the store owners Robert "Stan" Loomis and Naomi Loomis, a pharmacist and a former business manager. None of the previous guilty pleas will be affected.

Judge Herrick said his decision was based on the way prosecutors presented the case to the grand jury. The attorney for one of the men indicted said he isn't surprised with the judge's ruling.

Defense Attorney Edward Menkin said, "I think in plain English what this judge is saying is enough is enough. You don't have that many swings at the ball, particularly if you are the prosecutor."

In February 2007, Soares traveled to Orlando to take part in the raid called "Operation Which Doctor." Since then, 14 people, including pharmacists and doctors, have pleaded guilty to drug and conspiracy charges. They were accused of prescribing bogus steroid prescriptions to patients from all over the country.

Meanwhile, Soares said this is just a hurdle in the case and he plans to move forward with the investigation. He also said he has not planned to stop going after these large cases.

Soares said, "The online pharmaceutical distribution centers, especially those that are using doctors that are not visiting with patients and writing illegal prescriptions, those are people who should be brought to justice, and we will continue our pursuit of justice until an appellate court has had an opportunity to review the matter."