FORM 8-K
 
 
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):
March 5, 2009
FIDELITY SOUTHERN CORPORATION
(Exact name of registrant as specified in its charter)
         
Georgia   No. 000-22374   No. 58-1416811
         
(State or other jurisdiction of
incorporation)
  (Commission File Number)   (IRS Employer
Identification No.)
3490 Piedmont Road, Suite 1550
Atlanta, Georgia 30305
 
(Address of principal executive offices)
Registrant’s telephone number, including area code:
(404) 639-6500
Not applicable
 
(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:
o   Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o   Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o   Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o   Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240-13e-4(c))
 
 

 


 

     
ITEM 5.02
  Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
 
   
 
  (b) Director Retirement
 
   
 
  On March 5, 2009, Fidelity Southern Corporation (the “Fidelity”) was notified by director James H. Miller, III that he will not stand for reelection at the 2009 annual meeting. Mr. Miller has been a director since 2005 and will remain a director until the end of his current term on April 23, 2009. The decision not to stand for reelection to the board was due to his relocation to Birmingham, Alabama and added responsibilities of a new position as President and Chief Executive Officer of Southern Nuclear Operation Company, an affiliate of Georgia Power Company, and not the result of any disagreement with the Fidelity.

 


 

SIGNATURES
     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.
         
     
  /s/ Stephen H. Brolly   
  Stephen H. Brolly   
  Chief Financial Officer   
 
March 9, 2009