ORDER

LAURA CARTER HIGLEY, Judge.

On December 19, 2017, appellant, Darla Lexington, filed a third motion for an extension of time to file her brief until December 29, 2017. Appellant's motion requested an extension because the district clerk had instructed her to seek leave with this Court to file her brief and appendix under seal to comply with the trial court's protective order and sealing order. On December 20, 2017, the Clerk of this Court granted appellant's extension until December 29, 2017, but warned appellant that no further extensions of time would be granted absent extraordinary circumstances.

Also on December 19, 2017, appellant filed this opposed motion to file her brief and appendix under seal to comply with the trial court's protective order and sealing order. Appellant attached to her motion an "Agreed Protective Order," signed by the trial court on February 22, 2017, which required that all documents designated by the parties as "Confidential" shall not be filed without filing them under seal. Appellant requests leave for her brief and appendix, as well as for the appellees' briefs and appendices, to be filed under seal because her brief will refer to a number of the confidential documents and her appendix will include confidential documents.

Requests to seal records are governed by Texas Rule of Civil Procedure 76a, which provides no authority for an appellate court to make the findings necessary to decide motions to seal the record. See TEX. R. CIV. P. 76a; see also Envtl. Procedures, Inc. v. Guidry, 282 S.W.3d 602, 636 (Tex. App.-Houston [14th Dist.] 2009, pet. denied) ("On its face, Texas Rule of Civil Procedure 76a, entitled `Sealing Court Records,' does not give appellate courts the authority to find the necessary facts and to determine motions to seal on appeal, and the parties have not cited any statute, rule, or case stating that appellate courts have this authority."). However, appellant has included the trial court's "Agreed Protective Order" requiring confidential documents shall not be filed unless they are filed under seal, and appellant contends that she will refer to a number of these confidential documents in her brief and include them in her appendix.

Accordingly, the Court grants, in part, appellant's motion and directs the Clerk of this Court to file the appellant's brief and appendix under seal and not file them electronically. See TEX. R. APP. P. 9.2(c)(3) ("Documents filed under seal, . . . or to which access is otherwise restricted by . . . court order must not be electronically filed."). Appellant must deliver her brief and appendix to the Court in electronic format on thumb drive or CD.

However, appellant's motion for leave for the appellees to file their briefs and appendices under seal is denied without prejudice to the appellees filing their own motions when their briefs and appendices are due to be filed. See id. 38.6(b).

It is so ORDERED.