In an action raising defamation and related claims arising from an article published in the Dallas Morning News criticizing a particular mortgage program offered by plaintiff, grant of defendants' motion to dismiss is affirmed where: 1) the district court did not abuse its discretion by considering defendants' Rule 12(b)(6) motion; 2) the statute of limitations barred the claims at issue. The circuit court holds that the Texas Supreme Court would likely adopt the single publication rule for Internet publications and rejects plaintiff's advocated "continuous publication rule".