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):   October 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 8.01  Other Events

On October 15, 2009, SMF Energy Corporation (the “Company”) issued a press release announcing that it received a letter from Nasdaq confirming that the Company has reestablished compliance with Nasdaq Marketplace Rule 5450(a)(2), requiring a $1 minimum closing bid price.  A copy of this press release is attached hereto as Exhibit 99.1 and is incorporated by reference herein.

Item 9.01  Financial Statements and Exhibits
 
(d)   Exhibits    
     
  Exhibit No. Description
     
 
99.1
Press release of SMF Energy Corporation dated October 15, 2009, announcing Nasdaq compliance.
 
 
 
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.
 
  SMF ENERGY CORPORATION  
       
Date: October 15, 2009     
By:
/s/ Richard E. Gathright  
    Richard E. Gathright, Chief Executive  
    Officer and President  
       
 
                                                                      
 
3
 

 

EXHIBIT INDEX

EXHIBIT NO.
DESCRIPTION
99.1
Press release of SMF Energy Corporation dated October 15, 2009, announcing Nasdaq compliance.
 
 
 
 
4

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