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): December 18, 2002 BRANTLEY CAPITAL CORPORATION (Exact name of registrant as specified in its charter) MARYLAND 000-21251 34-1838462 (State or other jurisdiction (Commission File Number) (I.R.S. Employer of incorporation) Identification No.) 3201 ENTERPRISE PARKWAY SUITE 350 CLEVELAND, OH 44122 (Address of principal executive offices and zip code) Registrant's telephone number, including area code: (216) 464-8400 ITEM 5. OTHER EVENTS On December 18, 2002, Magistrate Judge Jack B. Streepy issued a report and recommendation in Goldstein v. Brantley Capital Corp. et al., a civil action pending in the United States District Court for the Northern District of Ohio (1: 02CV1903). After a hearing on Mr. Goldstein's motion for a preliminary injunction, Magistrate Streepy recommended that Mr. Goldstein's motion for a preliminary injunction that the defendants be enjoined from refusing to count the votes submitted by Mr. Goldstein at the Annual Meeting be granted. No order has been issued by the Court. Brantley Capital is reviewing the Magistrate's report and recommendation to determine whether it will file objections with the Court. ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS (a) Not applicable. (b) Not applicable. (c) Exhibits. 99.1 Report and Recommendation of Magistrate Judge 2 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. Date: December 19, 2002 BRANTLEY CAPITAL CORPORATION By: /s/ Tab A. Keplinger -------------------------------------- Tab A. Keplinger Vice President and Chief Financial Officer 3