panel malfunction

panel malfunction

It might just be that I have my HTML setup incorrectly but...

I am using jquery mobile 1.3.1, viewing my page in Chrome on windows, same issue with chrome on android 4.2

When I try to slide a panel with a button, I get an error that $el.data( page[0], "mobile-page" ) is undefined at line 10313.
So I did a very little bit of poking around and console logging, and if I change line 10313 from
var $theme = $el.data( page[0], "mobile-page" ).options.theme,
to:
var $theme = $el.data();

it seems to fix the problem.

So my question...
Should I leave live 10313 as I have it? Or am I just masking a problem someplace else?