BOCA RATON, FL (Boca Post) (Copyright © 2026) — A condominium deposit dispute tied to a unit at Via Mizner in Boca Raton is now in Palm Beach County court, where Lewis Capital Fund, LLC has sued Via Mizner Owner III, LLC and First American Title Insurance Company over a $1.3 million deposit tied to Unit 1004 at Tower 105 Residences.
The complaint, filed March 11, 2026, is styled Lewis Capital Fund, LLC v. Via Mizner Owner III, LLC and First American Title Insurance Company, Case No. 502026CA002866XXXAMB, in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida. The plaintiff is represented by Hinshaw & Culbertson LLP. The complaint identifies Via Mizner Owner III, LLC as the developer and First American Title Insurance Company as the escrow agent.
According to the complaint, Lewis Capital Fund entered into a purchase agreement on Aug. 16, 2018, to buy Unit 1004, a condominium unit in a project marketed as Tower 105 Residences at the Residences at Mandarin Oriental, Boca Raton. The suit says the purchase agreement called for an estimated completion and delivery date of November 2020, and that the buyer placed a total deposit of $1.3 million into escrow with First American.
The complaint alleges that after receiving the deposit, First American disbursed $880,000 to the developer as construction funds and later disbursed another $440,000 after the developer posted an escrow deposit surety bond issued by Federal Insurance Company. The plaintiff alleges that, based on correspondence from First American, no remaining portion of its deposit is being held in escrow.
Lewis Capital Fund claims the purchase agreement gave the seller the right to schedule a closing, but required that the unit be completed and delivered within three years after the estimated completion date. The complaint says no closing for Unit 1004 took place on or before Nov. 30, 2023, and further alleges that as of the filing of the lawsuit, more than five years after the estimated completion date, the unit and the condominium project remain far from complete.
Based on that alleged failure, the plaintiff says it notified the developer on Jan. 30, 2026, that the developer was in default, that the buyer was terminating the purchase agreement, and that it was demanding the return of its deposit with interest. According to the complaint, the developer did not respond to that demand for a refund.
The suit brings two counts against Via Mizner Owner III, LLC, one for breach of purchase agreement and one for violation of Florida Statute 718.202. Lewis Capital Fund alleges the developer breached the agreement by failing to complete, deliver, and close on the unit by the contractual deadline and by refusing to return the deposit after written demand. It seeks return of the $1.3 million deposit, interest, actual damages, attorney’s fees, costs, and further relief the court deems proper.
The complaint also seeks declaratory relief against both Via Mizner Owner III, LLC and First American Title Insurance Company. The plaintiff claims an actual dispute exists over whether it was entitled to terminate the purchase agreement and obtain a refund, and whether First American has the right or obligation to pursue a claim against the surety bond for the portion of the deposit released to the developer. The plaintiff asks the court to declare its rights under the purchase agreement, escrow agreement, surety bond, and Florida law. The allegations in the complaint have not been proven in court.
The original complaint, Lewis Capital Fund, LLC v. Via Mizner Owner III, LLC and First American Title Insurance Company, Case No. 502026CA002866XXXAMB, as filed March 11, 2026, with the Palm Beach County Clerk of Court, can be viewed at the PBC Clerk of Court.
Boca Post monitors civil filings submitted in Palm Beach County courts as part of its legal desk reporting. Readers can browse recent cases in our Boca Raton lawsuits coverage. Boca Post provides daily reporting on Contract & Business Disputes filed in Palm Beach County.
