8-K 1 wi2802.txt ================================================================================ UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 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) May 18, 2005 WALTER INDUSTRIES, INC. (Exact name of registrant as specified in its charter) Delaware 001-13711 13-3429953 (State or other jurisdiction of (Commission (IRS Employer incorporation or organization) File Number) Identification No.) 4211 W. Boy Scout Boulevard, Tampa, Florida 33607 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (813) 871-4811 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: [ ] 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 240.13-4(c)) ================================================================================ ITEM 7.01 REGULATION FD DISCLOSURE The following information is furnished pursuant to Item 7.01 "Regulation FD Disclosure." On May 18, 2005, Walter Industries, Inc. issued a press release announcing a significant increase to Jim Walter Resources' long-term metallurgical coal production estimates over the 2006-2009 periods. A copy of the press release is attached hereto as Exhibit 99.1. This revised production plan will be a part of the presentation to be made by Don DeFosset, Chairman and CEO of Walter Industries, Inc., during his presentation at the Davenport Spring Institutional Investor Retreat on May 18, 2005 in Williamsburg, Virginia. At the presentation, Mr. DeFosset will confirm the Company's previously issued earnings expectations of $0.54 to $0.62 per diluted share for the second quarter of 2005 and $2.50 to $3.10 per diluted share for the full year. The presentation will be broadcast live, and available for replay for a period of time, via the Company's website at www.walterind.com . 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. WALTER INDUSTRIES, INC. By: /s/ Victor P. Patrick ---------------------------- Title: Victor P. Patrick Sr. Vice President, General Counsel and Secretary Date: May 18, 2005 EXHIBIT INDEX (99.1) Press release dated: May 18, 2005, Walter Industries Announces Significant Increase to Long-Term Mine Production Plan at Jim Walter Resources