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STATE OF MICHIGAN
COURT OF APPEALS


KELLY REILLY FRANK, Plaintiff-Appellee, v JOHN R. FRANK, Defendant-Appellant.

UNPUBLISHED September 4, 1998

No. 207971 Oakland Circuit Court LC No. 95-504595 DM

Before: Corrigan, C.J., and MacKenzie and R. P. Griffin*, JJ. PER CURIAM. Defendant appeals as of right from a judgment of divorce. We affirm in part and remand for further proceedings with regard to parenting time. Defendant first argues that the trial court failed to make a finding regarding the existence of an established custodial environment, failed to make factual findings on the best interest factors, and failed to make findings regarding parenting time, and that these failures require reversal. Plaintiff frames defendant's argument as a challenge to the great weight of the evidence, which plaintiff contends must fail because defendant did not bring a motion for a new trial before the trial court. We note that it was not necessary for defendant to move for a new trial in order to challenge the trial court's failure to make findings of fact on custody or parenting time issues. No exception need be taken to a finding or decision in an action tried without a jury. MCR 2.517(A)(7). However, because defendant consented to the award to plaintiff of physical custody of the two children of the marriage and he does not challenge the award on appeal, we hold that a remand for further proceedings on the issue of physical custody is not required. See Koron v Melendy

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