The essence of defendant's procedural claim is that defendant was not given sufficient time to prepare and present its defense. It first argues that an action for specific performance is "outside the bounds" of an action for an injunction brought under V.R.C.P. 65, and more properly subject to V.R.C.P. 12(a), which provides a defendant with at least twenty days to file an answer to a complaint. In Brower v. Hill, 133 Vt. 599, 604, 349 A.2d 901, 905 (1975), this Court noted that an order for specific performance is "in effect" a mandatory injunction. Specific performance by injunction is appropriate "`if this is the only practical mode of enforcement which its terms permit.'"
Finally, we are asked whether the superior court has discretion to grant a de novo hearing in this case, either under its general powers, or under the advisory jury provisions of V.R.C.P. 39(c). See generally, Nugent v. Shambor, 138 Vt. 194, 196, 413 A.2d 1210, 1211 (1980); Brower v. Hill, 133 Vt. 599, 602, 349 A.2d 901, 903-04 (1975). Section 5887(a) of Title 32, however, states that ยง 5885 is the exclusive appeal remedy for a case of this nature.