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): November 23, 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
8.01 Other Events
On November 23, 2009, SMF Energy
Corporation (the “Company”) entered into a confidential settlement agreement
(the “Agreement”) finally resolving all claims in the lawsuit entitled, SMF Energy Corporation vs. Financial
Accounting Solutions Group, Inc., Mitchel Kramer, Alex Zaldivar and Kramer
Professional Staffing, Inc., Case No. 06-15965 (07) (17th
Circuit, Broward County, Florida) (the “Lawsuit”). Pursuant to the
Agreement, SMF will receive a payment of $1,050,000. There was no
admission of liability by any of the parties to the Lawsuit on account of any of
the various claims, counterclaims or third party claims made in the
Lawsuit. All claims made by or against the Company in the Lawsuit
were released as part of the Agreement.
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:
November 30, 2009
|
SMF
ENERGY CORPORATION
|
|
By:
/s/ Richard E.
Gathright
|
|
|
Richard
E. Gathright, Chief Executive
|
|
|
Officer
and President
|
3