Call fieldset multiple times
For anyone else that stumbles on this.  I found a solution.  So remember my example is "How Many Players" [i used select option 1-5].  If user selects 1, fieldset 1 appears only, if he/she selects 2, FS1 and FS2 appear, select 3, FS1, FS2 and FS3 appear.  To prevent the error I use and or statement for allow the fieldset and worked my down down.  See image.