a hearing on the motion. After hearing arguments, the trial court orally announced it would deny the motion. The trial court did not sign a written order; thus, the motion was subsequently overruled by operation of law. See Tex.R. Civ. P.. 329b(c). Analysis We review a trial court’s ruling on a motion for new trial for abuse of discretion. Director, State Employees Workers’ Comp. Div. v. Evans, 889 S.W.2d 266, 268 (Tex.1994). When moving for new trial to set aside a default judgment rendered upon failure to appear for trial, a defendant must (1) prove his failure to appear was not intentional or the result of conscious indifference, but was due to mistake or accident, (2) set up a meritorious defense, and (3) show that a new trial wou nc., 186 S.W.3d 571, 574 (Tex.2006) (per curiam) (<HOLDING>). Next, appellant argues the judgment should be
recognizing that a default judgment based on improper service is void recognizing default judgment must generally be set aside without further showing if defendant never received service of process holding that the trial court was without authority to set aside entry of default on motion to set aside default judgment recognizing that a trial court can set aside verdict holding that court cannot consistent with due process set aside judgment of dismissal and render a personal judgment against defendant without notice