UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

FORM 8-K

CURRENT REPORT
Pursuant to Section 13 or 15(d) of The Securities Exchange Act of 1934

Date of Report (Date of earliest event reported):  May 15, 2009

SMF ENERGY CORPORATION
(Exact name of registrant as specified in its charter)

DELAWARE
 
000-21825
 
65-0707824
(State or other jurisdiction
of incorporation)
 
(Commission
File Number)
 
(I.R.S. Employer
Identification Number)

200 W. Cypress Creek Rd., Suite 400
 
Fort Lauderdale, 
Florida
 
33309
(Address of principal executive offices)
     
(Zip Code)
 
Registrant’s telephone number, including area code:
(954) 308-4200

 

(Former name or former address, if changed since last report.)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

¨
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
¨
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
¨
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
¨
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 

 

Item 2.02  Results of Operations and Financial Condition

On May 15, 2009, SMF Energy Corporation issued a press release reporting its operating results for the nine months and third quarter ended March 31, 2009.  A copy of this press release is attached hereto as Exhibit 99.1 and is incorporated by reference herein.

The information in this Form 8-K, including the information set forth in Exhibit 99.1, is being furnished and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such filing.

Item 9.01  Financial Statements and Exhibits

(d) 
Exhibits
 
 
Exhibit No.
 
Description
       
 
99.1
 
Press release of SMF Energy Corporation, dated May 15, 2009, announcing operating results for the nine months and third quarter ended March 31, 2009.
 
 
2

 

SIGNATURE
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Date: May 18, 2009
SMF ENERGY CORPORATION
   
 
By:
/s/ Richard E. Gathright
   
Richard E. Gathright, Chief Executive
   
Officer and President
 
 
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EXHIBIT INDEX

EXHIBIT NO.
DESCRIPTION
99.1
Press release of SMF Energy Corporation, dated May 15, 2009, announcing operating results for the nine months and third quarter ended March 31, 2009.
 
 
4