We granted Leslie Bauman’s application for a discretionary appeal of a trial court’s order incarcerating her for contempt arising out of her divorce decree. Bauman argues that the trial court lacked grounds for the order because the only evidence of her alleged contempt came in the form of a letter to the court from her former husband’s attorney whereas she was entitled to an evidentiary hearing. Her former husband contends this appeal is barred by res judicata and that Bauman waived any evidentiary hearing. We reverse. The record shows that on October 15, 2008, following a hearing held September 22, 2008, Bauman was found in willful contempt of court for failing to enroll the parties’ minor children at a private school and failing to pay the tuition and registration fees as required by the terms of a consent order dated March 14, 2008.1 The court explained that Bauman could purge herself of the contempt by enrolling the children at the specified private school “no later than October 21, 2008″ and that failure to do so and to pay the tuition and fees would result in her incarceration until she complied with the order. Bauman’s application for discretionary review of that decision was denied on November 13, 2008.
The record shows that following the denial of Bauman’s application for appeal, the attorney for her former husband sent a letter to the judge, in which he asserted that Bauman had not complied with the terms of the October 15 order; the letter also included a proposed order for Bauman’s incarceration. The record contains no evidence of a hearing on the matter and it would appear that none was held. The trial court signed the proposed order on November 25, 2008. We granted Bauman’s discretionary appeal on December 24, 2008.
