wp_handle_upload returns empty error array

Okay so Milo was on track to what the answer was. and I needed to brush up on muliple file uploads… anyway the solution for me to at least get it to upload… was this

    $daFile = $_FILES['files'];
    foreach ($_FILES['files'] as $key => $value) {

        $daFile[$key] = $value[0]; 

    }

    $upload = wp_handle_upload($daFile , array('test_form' => FALSE));

this worked for me and retuned the uploaded file.