SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM 12b-25
Commission File Number I-6836
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NOTIFICATION OF LATE FILING
(Check One): [_] Form 10-K [_] Form 11-K [_] Form 20-F [X] Form 10-Q
[_] Form N-SAR
For Period Ended: March 29, 2003
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[_] Transition Report on Form 10-K
[_] Transition Report on Form 20-F
[_] Transition Report on Form 11-K
[_] Transition Report on Form 10-Q
[_] Transition Report on Form N-SAR
For the Transition Period Ended:______________________________________
Read attached instruction sheet before preparing form. Please print or
type.
Nothing in this form shall be construed to imply that the Commission has
verified any information contained herein.
If the notification relates to a portion of the filing checked above,
identify the item(s) to which the notification relates: ________________________
PART I
REGISTRANT INFORMATION
Flannigan's Enterprises, INC.
________________________________________________________________________________
Full name of registrant
________________________________________________________________________________
Former name if applicable
5059 N.E. 18th Avenue
________________________________________________________________________________
Address of principal executive office (Street and number)
Fort Lauderdale, Florida 33334
________________________________________________________________________________
City, state and zip code
PART II
RULE 12b-25(b) AND (c)
If the subject report could not be filed without unreasonable effort or
expense and the registrant seeks relief pursuant to Rule 12b-25(b), the
following should be completed. (Check box if appropriate.)
[X] | (a) The reasons described in reasonable detail in Part III of this
| form could not be eliminated without unreasonable effort or
| expense;
|
[X] | (b) The subject annual report, semi-annual report, transition report
| on Form 10-K, 20-F, 11-K or Form N-SAR, or portion thereof will
| be filed on or before the 15th calendar day following the
| prescribed due date; or the subject quarterly report or
| transition report on Form 10-Q, or portion thereof will be filed
| on or before the fifth calendar day following the prescribed due
| date; and
|
| (c) The accountant's statement or other exhibit required by Rule
| 12b-25(c) has been attached if applicable.
PART III
NARRATIVE
State below in reasonable detail why the Form 10-K, 11-K, 20-F 10-Q, N-SAR
or the transition report portion thereof could not be filed within the
prescribed time period. (Attach extra sheets if needed.)
See Attached Exhibit "A"
PART IV
OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification
Edward A. Doxey, CFO (954) 377-1961
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(Name) (Area Code) (Telephone Number)
(2) Have all other periodic reports required under Section 13 or 15(d) of the
Securities Exchange Act of 1934 or Section 30 of the Investment Company Act
of 1940 during the preceding 12 months or for such shorter period that the
registrant was required to file such report(s) been filed? If the answer is
no, identify report(s).
[X] Yes [_] No
(3) Is it anticipated that any significant change in results of operations from
the corresponding period for the last fiscal year will be reflected by the
earnings statements to be included in the subject report or portion
thereof?
[X] Yes [ ] No
If so: attach an explanation of the anticipated change, both narratively
and quantitatively, and, if appropriate, state the reasons why a reasonable
estimate of the results cannot be made.
See Attached Exhibit "B"
Flannigan's Enterprises, INC.
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(Name of Registrant as Specified in Charter)
Has caused this notification to be signed on its behalf by the undersigned
thereunto duly authorized.
Date May 13, 2003 By Edward A. Doxey, CFO
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INSTRUCTION: The form may be signed by an executive officer of the
registrant or by any other duly authorized representative. The name and title of
the person signing the form shall be typed or printed beneath the signature. If
the statement is signed on behalf of the registrant by an authorized
representative (other than an executive officer), evidence of the
representative's authority to sign on behalf of the registrant shall be filed
with the form.
ATTENTION
Intentional misstatements or omissions of fact constitute Federal Criminal
Violations (see 18 U.S.C. 1001).
GENERAL INSTRUCTIONS
1. This form is required by Rule 12b-25 of the General Rules and
Regulations under the Securities Exchange Act of 1934.
2. One signed original and four conformed copies of this form and
amendments thereto must be completed and filed with the Securities and Exchange
Commission, Washington, DC 20549, in accordance with Rule 0-3 of the General
Rules and Regulations under the Act. The information contained in or filed with
the form will be made a matter of public record in the Commission files.
3. A manually signed copy of the form and amendments thereto shall be filed
with each national securities exchange on which any class of securities of the
registrant is registered.
4. Amendments to the notifications must also be filed on Form 12b-25 but
need not restate information that has been correctly furnished. The form shall
be clearly identified as an amended notification.
5. ELECTRONIC FILERS. This form shall not be used by electronic filers
unable to timely file a report solely due to electronic difficulties. Filers
unable to submit a report within the time period prescribed due to difficulties
in electronic filing should comply with either Rule 201 or Rule 202 of
Regulation S-T or apply for an adjustment in filing date pursuant to Rule 13(b)
of Regulation S-T.
EXHIBIT "A"
PART III NARRATIVE
The unaudited financial statements of Flanigan's Enterprises, Inc.,
("Registrant"), will not be completed by May 13, 2003, the last day for a timely
filing of its quarterly report on Form 10Q for the fiscal quarter ending March
29, 2003.
Beginning with the fiscal quarter ending March 29, 2003, the Registrant will
consolidate the financial results of four (4) limited partnerships with the
Registrant's financial results. The Registrant is also preparing its Amended
Form 10K for the fiscal year ending September 28, 2002, ("Amended Form 10K"),
and its Amended Form 10Q for the first quarter of fiscal year 2003, ("Amended
Form 10Q"), to make the same consolidation. The Registrant previously reported
the financial results of the four (4) limited partnerships on the equity method.
In order for the Registrant to file its Form 10Q for the fiscal quarter ending
March 29, 2003, ("Form 10Q"), the Amended Form 10K and the Amended Form 10Q must
be completed. The amount of work required to prepare the amended reports has
made it impossible for the Registrant to timely file its Form 10Q.
The Registrant undertakes to file its Form 10Q within five (5) calender days of
its due date.
EXHIBIT "B"
PART IV(3)
The Registrant anticipates that its results of operations for the fiscal quarter
ending March 29, 2003 will be less than its reported earnings for the fiscal
quarter ending March 30, 2002. The consolidation of the financial results of the
four (4) limited partnerships with the Registrant's financial results will
result in significantly higher revenues for the fiscal quarter ending March
2003, as opposed to the fiscal quarter ending March 30, 2002, but also
correspondingly higher expenses. The earnings to be reported by the Registrant
in its Form 10Q for the fiscal quarter ending March 29, 2003 will not be
impacted by the consolidation of the financial results of the four (4) limited
partnerships as opposed to the use of the equity method.