Thanks alchymyth
So i wrote out the bare minimum to recreate the issue im having. the code linked here does what i need. The technology section displays the first post I have (ie angry birds space hits 10 million downloads) the next section is a subcategory that displays the newest story in gaming & culture, if the newest gaming and culture story is also the newest tech story, the gaming and culture sub category displays the next most current one.
i Tested it out when the newest story doesn't belong to the sub category and it makes no difference, it just loops line 13-19 meaning infinity