found the problem for the uno max.
had to change the
if (!card.init(SD_CS))
I tried changing SD_CS to 10 first with no effect
to
if (!card.init())
works fine now.
so from that i don't think CS is on pin 8 or 10 ....
so it is a pin assignment issue on the CS I'll toss it back on the mega and do some pin monitors and figure out what pin its really using.