Item 8.01 Other Events.

SMF Energy Corporation (the "Company") recently brought two legal actions against various members of the Harkrider family arising out of the Company's October 1, 2005 purchase of H & W Petroleum Company, Inc. ("H & W") from the Harkrider family. One action was commenced by a Demand for Arbitration to the American Arbitration Association in Broward County, Florida, on May 26, 2009, seeking damages for breaches of, and indemnification under, the October 1, 2005 Stock Purchase Agreement between various Harkrider family members and the Company, and other related claims. Also on May 26, 2009, the Company filed a second action in the District Court in Harris County, Texas, Civil Action No. 2009-32909, seeking damages and declaratory relief for various breaches of the lease relating to H & W's facility in Houston, Texas by the landlord, the Harkrider Family Partnership, and other related claims.

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