sort into dated folders rule eats itself

I had a rule on my downloads folder:
if kind is not folder and date added is not in the last 1 hour sort file into subfolder with pattern date added
I've recreated it exactly as shown above as periodically I would get an error message that Hazel couldn't sort (the dated folder) into a dated folder(of the same name)
is there something I'm doing wrong?
I have other rules on the downloads folder, but surely if kind is not folder, should prevent hazel from trying to move the dated folder again?
it may be I didn't create the rule properly, I'll test it again. but can anyone see anything obviously daft about trying to sort my downloads into dated folders?
if kind is not folder and date added is not in the last 1 hour sort file into subfolder with pattern date added
I've recreated it exactly as shown above as periodically I would get an error message that Hazel couldn't sort (the dated folder) into a dated folder(of the same name)
is there something I'm doing wrong?
I have other rules on the downloads folder, but surely if kind is not folder, should prevent hazel from trying to move the dated folder again?
it may be I didn't create the rule properly, I'll test it again. but can anyone see anything obviously daft about trying to sort my downloads into dated folders?